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CALLICRATE v. WADSWORTH MFG., INC.

Nos. 04-1597, 04-1598.

427 F.3d 1361 (2005)

Michael P. CALLICRATE, Plaintiff-Appellant, v. WADSWORTH MANUFACTURING, INC., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

October 31, 2005.

Attorney(s) appearing for the Case

Robert R. Brunelli, Sheridan Ross, P.C., of Denver, Colorado, argued for plaintiff-appellant. With him on the brief was Benjamin B. Lieb.

Frank J. Dykas, Dykas, Shaver & Nipper, LLP, of Boise, Idaho, argued for defendant-cross appellant. Of counsel were Derek H. Maughan and Stephen M. Nipper.

Before NEWMAN, RADER, and PROST, Circuit Judges.

RADER, Circuit Judge.

Callicrate is the owner of several patents on methods and apparatuses for castrating large animals (like cattle), including U.S. Patent No. 5,236,434 (the '434 patent); U.S. Patent No. 5,997,553 (the '553 patent); and U.S. Patent No. 5,681,329 (the '329 patent). Callicrate initiated suit against Wadsworth Manufacturing, Inc. (Wadsworth) on two of these patents in the United States District Court for the District of Montana, asserting that Wadsworth...

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