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AFG INDUSTRIES, INC. v. CARDINAL IG CO., INC.

No. 03-1078.

375 F.3d 1367 (2004)

AFG INDUSTRIES, INC. and Asahi Glass Company, Ltd., Plaintiffs-Appellants, v. CARDINAL IG COMPANY, INC., Defendant-Appellee, and Andersen Windows, Inc., Defendant.

United States Court of Appeals, Federal Circuit.

July 13, 2004.

Attorney(s) appearing for the Case

Richard D. Kelly, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., of Alexandria, VA, argued for plaintiffs-appellants. With him on the brief were Stephen G. Baxter, William T. Enos and Andrew M. Ollis.

V. Bryan Medlock, Jr., Sidley Austin Brown & Wood LLP, of Dallas, TX, argued for defendant-appellee. With him on the brief was Nathanael G. Barnes.

Before NEWMAN, MICHEL, and RADER, Circuit Judges.

RADER, Circuit Judge.

On summary judgment, the United States District Court for the Eastern District of Tennessee ruled that Cardinal IG Co. (Cardinal) did not infringe U.S. Patent No. 4,859,532. AFG Indus., Inc. v. Cardinal IG Co., No. 2:96-CV-244 (E.D.Tenn. Oct. 1, 2002). Because the district court erred in granting summary judgment of noninfringement, this court vacates and remands.

I.

This litigation began in 1996, when AFG Industries...

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