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NATIONAL STEEL CAR, LTD. v. CANADIAN PACIFIC RY.

No. 03-1256.

357 F.3d 1319 (2004)

NATIONAL STEEL CAR, LTD., Plaintiff-Appellee, v. CANADIAN PACIFIC RAILWAY, LTD., Canadian Pacific Railway Company, 3942503 Canada, Inc., and Delaware & Hudson Railway Company, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied March 18, 2004.

Attorney(s) appearing for the Case

Robert G. Krupka, Kirkland & Ellis, of Los Angeles, CA, argued for plaintiff-appellee. With him on the brief were David P. Swenson and Robert J. McManus, Kirkland & Ellis, of Washington, DC; and Linda S. Resh, Craig D. Leavell, Jamie H. McDole, and Alma M. Lugtu, Kirkland & Ellis, of Chicago, IL. Of counsel was Alexandra DeNeve, Kirkland and Ellis, of Chicago, IL.

Mark T. Banner, Banner & Witcoff, Ltd., of Chicago, IL, argued for defendants-appellants. With him on the brief were Marc S. Cooperman, J. Pieter van Es, Janice V. Mitrius, and Theodore L. Field.

Before MAYER, Chief Judge, CLEVENGER and SCHALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 18, 2004.

CLEVENGER, Circuit Judge.

Plaintiff-Appellee National Steel Car, Ltd. ("National Steel Car" or "NSC") sued Defendants-Appellants Canadian Pacific Railway, Ltd., Canadian Pacific Railway Company, 3942503 Canada, Inc., and Delaware and Hudson Railway Company, Inc. (collectively "Canadian Pacific" or "CPR") in the Eastern District of Pennsylvania for infringement...

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