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L.B. PLASTICS v. AMERIMAX HOME PRODUCTS

No. 2006-1465.

499 F.3d 1303 (2007)

L.B. PLASTICS, INC., Plaintiff-Appellant, v. AMERIMAX HOME PRODUCTS, INC. (doing business as Gutter World) and Amerimax Diversified Products, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 12, 2007.

Attorney(s) appearing for the Case

J. Michael Jakes, Finnegan, Henderson, Farabow Garrett & Dunner, of Washington, DC, argued for plaintiff-appellant. On the brief with him were W. Thad Adams, III and Stephen S. Ashley, Jr., Adams Evans, P.A., of Charlotte, NC.

David A Rabin, Morris, Manning & Martin, LLP, of Atlanta, GA, argued for defendants-appellees.

Before NEWMAN, RADER, and DYK, Circuit Judges.

DYK, Circuit Judge.

Appellant L.B. Plastics, Inc. ("L.B. Plastics") appeals from the final judgment of the United States District Court for the Western District of North Carolina granting summary judgment of noninfringement in favor of Amerimax Home Products, Inc. and Amerimax Diversified Products, Inc. (collectively "Amerimax"). We hold that the asserted claims of U.S. Patent No. 6,463,700 (filed Jan. 16, 2001) ("'700 patent") were not literally infringed, and that...

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