NORTH AMERICAN CONTAINER, INC., Plaintiff-Appellant,
v.
PLASTIPAK PACKAGING, INC., American Bottling Company, Inc., CNC Container, Kraft Foods, Inc., Shasta Beverages, Inc., the Kroger Company, and WIS-PAK Plastics, Inc., and Silgan Plastics Corporation, and The Clorox Company, and Reckitt Benckiser Inc., and Barton Brands, Ltd., and American National Can Group, Inc., and Suiza Foods Corporation, and Coca-Cola Bottling, Co. Consolidated, Coca-Cola Enterprises, Continental Pet Technologies, Inc., Owens-Illinois, Inc., Owens-Brockway Plastic Products, Inc., Southeastern Container, Inc., and Western Container Corporation, and Constar, Inc., AB-Tex Beverage Corporation, and Dr. Pepper Bottling Company of Texas, and Albertson's Inc., and Safeway, Inc., Schmalbach-Lubeca Plastic Containers USA, Inc., The Campbell Soup Company, Knouse Foods Cooperative, Inc., and The J.M. Smucker Company, and UDV North America, Inc., and BCB USA Corp. (now known as Cott Beverages, Inc.), and Tropicana Products, Inc., and Heinz USA, and Colgate-Palmolive Company, and The Perrier Group of America, Inc., and Quaker Oats Company, and Danone International Brands, Inc., and Great Brands of Europe, Inc., Defendants-Cross Appellants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
July 14, 2005.
July 14, 2005.
Attorney(s) appearing for the Case
Martin B. McNamara, Gibson, Dunn & Crutcher LLP, of Dallas, Texas, argued for appellant. With him on the brief were Thomas C. McGraw and Robert S. Case, of Dallas, Texas, and Glenn K. Beaton, of Denver, Colorado.
Douglas A. Freedman, Latham & Watkins LLP, of Chicago, Illinois, and Ernie L. Brooks, Brooks Kushman P.C., of Southfield, Michigan, argued for defendants-cross appellants.
With Douglas A. Freedman on the brief for Owens-Illinois, Inc., et al., was Peter N. Witty; Robert P. Latham, Jackson Walker L.L.P., of Dallas, Texas, for defendant cross-appellant Reckitt Benckiser Inc. Of counsel on the brief were Brian A. Kilpatrick, Stephen A. Kennedy, and Robert C. Klinger; Phillip B. Philbin, Haynes & Boone LLP, of Dallas, Texas, for defendant-cross appellant Barton Brands, Ltd.; Dale M. Heist, Woodcock Washburn LLP, of Philadelphia, Pennsylvania, for defendants-cross appellants Constar, Inc., et al. With him on the brief were Kathleen A. Milsark and Steven D. Maslowski; Dan D. Davison, Fulbright & Jaworski L.L.P., of Dallas, Texas, for defendant-cross appellant Albertson's Inc. Of counsel was Michael J. Fogarty, III; George D. Moustakas, Harness, Dickey, Pierce, PLC, of Troy, Michigan, for defendants-cross appellants The Campbell Soup Company, et al. With him on the brief was Stanley M. Erjavac; David Lesht, Cook, Alex, McFarron, Manzo, Cummings & Mehler, Ltd., of Chicago, Illinois, for defendant-cross appellant Tropicana Products, Inc. With him on the brief was Raymond M. Mehler; Regis E. Slutter, Burns, Doane, Swecker & Mathis, LLP, of Alexandria, Virginia, for defendant-cross appellant Heinz USA; Bryan S. Hales, Kirkland & Ellis LLP, of Chicago, Illinois, for defendant-cross appellant Colgate-Palmolive Company. With him on the brief was Christopher R. Liro; Bruce S. Sostek, Thompson & Knight, of Dallas, Texas, for defendant-cross appellant The Perrier Group of America, Inc. With him on the brief were Max Ciccarelli and Richard L. Wynne, Jr.; Charles S. Cotropia, Sidley Austin Brown & Wood LLP, of Dallas, Texas, for defendants-cross appellants Danone International Brands, Inc., et al. Of counsel was Kelly J. Kubasta.
With Ernie L. Brooks on the brief for defendants-cross appellants Plastipak, et al. was Earl J. LaFontaine; Peter L. Costas, Pepe & Hazard LLP, of Hartford, Connecticut, for defendant-cross appellant Silgan Plastics Corporation; Warren J. Krauss, Sedgwick, Detert, Moran & Arnold LLP, of San Francisco, California, for defendant-cross appellant The Clorox Company. With him on the brief was Frederick D. Baker. Of counsel was Kirk C. Jenkins; Steven H. Hoeft, McDermott, Will, & Emery, of Chicago, Illinois, for defendant-cross appellant American National Can Group, Inc.; Theodore Stevenson. III, McKool Smith, P.C., of Dallas, Texas, for defendant-cross appellant Suiza Foods Corporation; and David L. Joers, Crutsinger & Booth, of Dallas, Texas, for defendant-cross appellant Quaker Oats Company.
Before LOURIE, BRYSON, and LINN, Circuit Judges.
United States Court of Appeals, Federal Circuit.
LOURIE, Circuit Judge.
North American Container, Inc. ("NAC") appeals from the decision of the United States District Court for the Northern District of Texas granting summary judgment of noninfringement in favor of Plastipak Packaging, Inc. and other similarly situated manufacturers and distributors of blow-molded plastic bottles (collectively "Plastipak") of United States Reissue Patent 36,639 ("the '639 patent"). N...
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