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SERIO-US INDUSTRIES, INC. v. PLASTIC RECOVERY TECHNOLOG., CORP.

Nos. 05-1106, 05-1143, 05-1306.

459 F.3d 1311 (2006)

SERIO-US INDUSTRIES, INC., Plaintiff-Appellant, v. PLASTIC RECOVERY TECHNOLOGIES CORP., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

August 10, 2006.

Attorney(s) appearing for the Case

Matthew Stavish, Liniak, Berenato & White, LLC, of Bethesda, Maryland, argued for plaintiff-appellant.

Peter C. McCabe III, Winston & Strawn LLP, of Chicago, Illinois, argued for defendant-cross appellant. With him on the brief was Matthew R. Osenga.

Before LOURIE, RADER, and LINN, Circuit Judges.

RADER, Circuit Judge.

Serio-US Industries, Inc. (Serio-US) sued Plastic Recovery Technologies Corp. (PRT) in the United States District Court for the District of Maryland for infringement of claims 1-3 of United States Patent Number 5,094,358 ('358 patent) and claim 1 of United States Patent Number 5,662,364 ('364 patent). PRT counter-claimed against Serio-US for state law tortious interference and unfair competition, and Lanham Act violations (§ 43(a)). Following...

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