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OMEGA ENGINEERING, INC v. RAYTEK CORP.

Nos. 01-1546, 02-1478.

334 F.3d 1314 (2003)

OMEGA ENGINEERING, INC., Plaintiff-Appellant, v. RAYTEK CORPORATION, Davis Instrument Manufacturing Company, Inc., Cole-Parmer Instrument Company, and Dwyer Instruments, Inc., Defendants-Appellees. Raytek Corporation, Plaintiff-Appellee, v. Omega Engineering, Inc., Defendant-Appellant, and Newport Electronics, Inc., Defendant.

United States Court of Appeals, Federal Circuit.

July 7, 2003.

Attorney(s) appearing for the Case

Richard G. Greco, Kaye, Scholer LLP, of New York, NY, argued for Omega Engineering, Inc. of counsel on the brief were Peter W. Peterson and Robert Curcio, DeLio & Peterson, LLC, of New Haven, CT, for Plaintiff-Appellant.

A. James Isbester, Isbester & Associates, of Berkeley, CA, argued for Raytek Corporation, et al. With him on the brief were Robert L. Risberg and Paul Svendsen, for Defendant-Appellant.

Before MICHEL, CLEVENGER, and SCHALL, Circuit Judges.

CLEVENGER, Circuit Judge.

Omega Engineering, Inc. ("Omega") appeals the grants of summary judgment in favor of Raytek Corporation, Davis Instrument Manufacturing Company, Inc., Cole-Parmer Instrument Company, and Dwyer Instruments, Inc. (collectively "Raytek"). In this appeal involving three consolidated actions, the district court ruled that Raytek did not infringe the asserted claims of U.S. Patents Nos. 5,727,880 (the " '880 patent"), 5,823,678 (the "'678 patent...

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