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RFR INDUSTRIES, INC. v. CENTURY STEPS, INC.

Nos. 2005-1610, 2006-1285.

477 F.3d 1348 (2007)

RFR INDUSTRIES, INC., Plaintiff-Appellant, v. CENTURY STEPS, INC. (doing business as Century Precast), Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 16, 2007.

Attorney(s) appearing for the Case

Robert G. Oake, Jr., of Allen, Texas, argued for plaintiff-appellant.

John R. Emerson, Haynes and Boone, LLP, of Dallas, Texas, argued for defendant-appellee. With him on the brief was Benjamin L. Mesches.

Before MICHEL, Chief Judge, SCHALL and PROST, Circuit Judges.

PROST, Circuit Judge.

RFR Industries, Inc. ("RFR") appeals from a judgment of the United States District Court for the Northern District of Texas granting Century Steps, Inc.'s ("Century") motion for judgment on the pleadings and granting Century's motion for attorney fees under 35 U.S.C. § 285. Because RFR voluntarily dismissed this action under Fed.R.Civ.P. 41(a)(1)(i) before Century served its answer on RFR, we vacate the district court's grant of judgment...

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