INTERTOOL, LTD. v. TEXAR CORP.

No. 03-1394.

369 F.3d 1289 (2004)

INTIRTOOL, LTD. (doing business as Mass-Tex, Ltd.), Plaintiff-Appellant, v. TEXAR CORPORATION (doing business as ToolPro, Inc.), Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: May 10, 2004.


Attorney(s) appearing for the Case

Walter D. Ames, Law Office of Walter D. Ames, of McLean, Virginia, argued for plaintiff-appellant.

Lea H. Speed, Baker, Donelson, Bearman, Caldwell & Berkowitz, of Memphis, Tennessee, argued for defendant-appellee. With her on the brief was Robert B. Kennedy, Baker, Donelson, Bearman, Caldwell & Berkowitz, of Atlanta, Georgia.

Before LOURIE, SCHALL, and LINN, Circuit Judges.


LINN, Circuit Judge.

In this patent infringement case, Intirtool, Ltd. ("Intirtool") appeals from the judgment of the United States District Court for the Eastern District of Texas. Intirtool, Ltd. v. Texar Corp., No. 4:00cv118 (E.D.Tex. Mar. 31, 2003). The district court found that Intirtool's United States Patent No. 5,022,253 ("the '253 patent") was invalid for failure to satisfy the written description requirement of 35 U.S.C. § 112, paragraph 1, and...

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