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CENTRICUT, LLC v. ESAB GROUP, INC.

Nos. 03-1574, 03-1614.

390 F.3d 1361 (2004)

CENTRICUT, LLC (New Hampshire), Plaintiff/Counterclaim Defendant-Appellant, and Centricut, LLC (Delaware), Counterclaim Defendant-Appellant, v. THE ESAB GROUP, INC., Defendant/Counterclaimant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

December 6, 2004.

Attorney(s) appearing for the Case

Edward A. Haffer, Sheehan Phinney Bass & Green, PA, of Manchester, New Hampshire, argued for plaintiffs/counterclaim defendants-appellants. With him on the brief were Michael J. Bujold and Neal E. Friedman, Davis & Bujold, P.L.L.C., of Manchester, New Hampshire.

Blas P. Arroyo, Alston & Bird, LLP, of Charlotte, North Carolina, argued for defendant/counterclaimant-cross appellant. With him on the brief was Richard M. McDermott.

Before MICHEL, CLEVENGER, and DYK, Circuit Judges.

DYK, Circuit Judge.

Centricut, LLC (New Hampshire) and Centricut, LLC (Delaware) (collectively "Centricut") appeal the judgment of the United States District Court for the District of New Hampshire, finding that Centricut infringed U.S. Patent No. 5,023,425 (the "'425 patent") and assessing damages in favor of The Esab Group, Inc. ("Esab"), the assignee of the '425 patent. Esab cross appeals the damages award. We hold that Esab did not meet its burden in proving infringement...

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