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DEVON DISTRIBUTING CORP. v. MINER

No. 4:02-CV-90518.

331 F.Supp.2d 791 (2004)

DEVON DISTRIBUTING CORP. d/b/a Carpenter Erosion Control, Plaintiff, v. Arthur E. MINER and A.J. Garrett & Associates, Inc., Defendants.

United States District Court, S.D. Iowa, Central Division.

August 19, 2004.

Attorney(s) appearing for the Case

Rush C. Nigut, Sullivan & Ward PC, Brett J. Trout, Trout PC, Des Moines, IA, for Plaintiff and Counter-Defendant.

Heather L. Palmer, Davis Brown Koehn Shors & Roberts PC, Timothy J. Zarley, Zarley Law Firm PLC, Des Moines, IA, for Defendants.

Kent A. Herink, David A. Tank, Daniel A. Rosenberg, Davis Brown Koehn Shors & Roberts PC, Ronald M. Sotak, Scott R. Kaspar, Zarley Law Firm PLC, Jeffrey L. Goodman, Goodman PC, West Des Moines, IA, for Defendants and Counter-Claimant.

MEMORANDUM OPINION AND ORDER

PRATT, District Judge.

Plaintiff Devon Distributing Corp. d/b/a Carpenter Erosion Control ("Devon") initiated this action on October 8, 2002 and filed an Amended Complaint on March 19, 2003, alleging that Defendants Arthur E. Miner and A.J. Garrett & Associates ("Garrett") had infringed United States Patent No. 5,915,878 ("the '878 patent"), of which Plaintiff is the assignee. Defendants subsequently asserted two counterclaims...

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