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CONOCO, INC. v. ENERGY & ENVIRONMENTAL INTERN.

Nos. 05-1363, 05-1461.

460 F.3d 1349 (2006)

CONOCO, INC. and CONOCO SPECIALTY PRODUCTS, INC., Plaintiffs-Appellees, v. ENERGY & ENVIRONMENTAL INTERNATIONAL, L.C., Defendant-Appellant, and Gerald B. Eaton, Ronald N. Grabois and Michael Monahan, Defendants.

United States Court of Appeals, Federal Circuit.

August 17, 2006.

Attorney(s) appearing for the Case

Marcus E. Sernel, Kirkland & Ellis LLP, of Chicago, Illinois, argued for plaintiffs-appellees. With him on the brief were Jamie H. McDole, Kirkland & Ellis, and Lee L. Kaplan, Smyser Kaplan & Veselka, LLP, of Houston, Texas. Of counsel were Justin M. Waggoner, Kristen L. McKeever and Kristen E. Adler, Smyser Kaplan & Veselka, LLP.

Clarence E. Eriksen, Clarence E. Eriksen & Associates, of Houston, Texas, argued for defendant-appellant. With him on the brief were Gordon G. Waggett, Gordon G. Waggett, P.C., and Michael J. Schaengold, Patton Boggs LLP, of Washington, DC.

Before BRYSON, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

GAJARSA, Circuit Judge.

Conoco, Inc. ("Conoco") brought suit against Energy & Environmental International, L.C. ("EEI"), Gerald Eaton, Ronald Grabois, and Michael Monahan for the alleged infringement of U.S. Patent Nos. 5,244,937 ("the '937 patent") and 6,172,151 ("the '151 patent") (collectively "the patents in suit"). EEI stipulated that the patents in suit were valid and enforceable for purposes of the litigation. On April 1, 2004, the district court entered...

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