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AQUATEX INDUSTRIES, INC. v. TECHNICHE SOLUTIONS

No. 2006-1407.

479 F.3d 1320 (2007)

AQUATEX INDUSTRIES, INC., Plaintiff-Appellant, v. TECHNICHE SOLUTIONS, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 27, 2007.

Attorney(s) appearing for the Case

Jack A. Wheat, Stites & Harbison, of Louisville, KY, argued for plaintiff-appellant. With him on the brief were William C. Ferrell, Jr., James R. Michels, and Richard S. Myers, of Nashville, TN.

James A. DeLanis, Baker Donelson Bearman Caldwell & Berkowitz, P.C., of Nashville, TN, argued for defendant-appellee. With him on the brief was W. Edward Ramage.

Before RADER and DYK, Circuit Judges, and WHYTE, District Judge.

DYK, Circuit Judge.

This case was previously before us in AquaTex Industries, Inc. v. Techniche Solutions, 419 F.3d 1374 (Fed.Cir.2005). We held that claims 1 and 9 of U.S. Patent No. 6,371,977 ("the '977 patent") were not literally infringed, but we did not foreclose a finding of infringement under the doctrine of equivalents. We remanded for "the trial court [to] consider whether...

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