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CRATER CORP. v. LUCENT TECHNOLOGIES, INC.

No. 04-1349.

423 F.3d 1260 (2005)

CRATER CORPORATION, Plaintiff-Appellant, v. LUCENT TECHNOLOGIES, INC. and AT & T COMPANY, Defendants-Appellees, and United States, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 7, 2005.

Attorney(s) appearing for the Case

Robert Schultz, Schultz & Little, L.L.P., of Chesterfield, Missouri, argued for plaintiff-appellant.

Alisa B. Klein, Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With her on the brief were Peter D. Keisler, Assistant Attorney General, James G. Martin, United States Attorney, of St. Louis, Missouri, and Mark B. Stern, Attorney, Appellate Staff, of Washington, DC.

Louis F. Bonacorsi, Bryan Cave, of St. Louis, Missouri, argued for defendants-appellees AT & T Company, et al. With him on the brief was K. Lee Marshall.

Before NEWMAN, SCHALL, and DYK, Circuit Judges.

Opinion for the court filed by Circuit Judge SCHALL.

Opinion concurring in part, dissenting in part filed by Circuit Judge NEWMAN.

SCHALL, Circuit Judge.

Crater Corporation ("Crater") sued Lucent Technologies, Inc. and AT & T Company (collectively, "Lucent") in the United States District Court for the Eastern District of Missouri, alleging that Lucent infringed Crater's U.S. Patent No. 5,286,129 (the "'129 patent"). The '129 patent is directed...

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