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PHILLIPS v. AWH CORP.

Nos. 03-1269, 03-1286.

363 F.3d 1207 (2004)

Edward H. PHILLIPS, Plaintiff-Appellant, v. AWH CORPORATION, Hopeman Brothers, Inc., and Lofton Corporation, Defendants-Cross-Appellants.

United States Court of Appeals, Federal Circuit.

DECIDED: April 8, 2004.

Attorney(s) appearing for the Case

Carl F. Manthei, Attorney at Law, of Boulder, Colorado, argued for plaintiff-appellant.

Mark W. Fischer, Faegre & Benson LLP, of Boulder, Colorado, argued for defendants-cross appellants. With him on the brief was Scott Holwick.

Before NEWMAN, LOURIE, and DYK, Circuit Judges.

Opinion for the court filed by Circit Judge LOURIE. Opinion dissenting in part filed by Circuit Judge DYK.

LOURIE, Circuit Judge.

Edward Phillips appeals from the decision of the district court granting the defendants' motion for summary judgment of noninfringement of U.S. Patent 4,677,798. Phillips v. AWH Corp., No. 97-MK-212 (D.Colo. Jan. 22, 2003) ("Noninfringement Decision"). Phillips also appeals from the dismissal of his claim of trade...

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