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BRUCKELMYER v. GROUND HEATERS, INC.

No. 05-1412.

445 F.3d 1374 (2006)

Mark BRUCKELMYER, Plaintiff-Appellant, v. GROUND HEATERS, INC., Defendant, and T.H.E. Machine Company, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 20, 2006.

Attorney(s) appearing for the Case

John B. Lunseth II, Briggs and Morgan, P.A., of Minneapolis, Minnesota, argued for plaintiff-appellant. With him on the brief was Michael H. Streater.

Aaron W. Davis, Patterson, Thuente, Skaar & Christensen, P.A., of Minneapolis, Minnesota, argued for defendant-appellee. With him on the brief were Randall T. Skaar and Eric H. Chadwick.

James Moskal, Warner, Norcross & Judd LLP, of Grand Rapids, Michigan, for defendant. With him on the brief was Charles E. Burpee.

Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.

Opinion for the court filed by Circuit Judge LOURIE. Dissenting opinion filed by Circuit Judge LINN.

LOURIE, Circuit Judge.

Mark Bruckelmyer appeals from the decision of the United States District Court for the District of Minnesota granting summary judgment of invalidity of U.S. Patents 5,567,085 and 5,820,301 (the "patents in suit") in favor of Ground Heaters, Inc. and T.H.E. Machine Company (collectively "Ground Heaters"). Bruckelmyer v. Ground Heaters...

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