No. 2007-1443.

528 F.3d 871 (2008)

CAT TECH LLC (successor to Cat Tech, Inc.), Plaintiff-Appellant, v. TUBEMASTER, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 28, 2008.

Attorney(s) appearing for the Case

David M. Gunn, Beck, Redden & Secrest, LLP and B. Todd Patterson, Patterson & Sheridan, LLP, of Houston, TX, argued for plaintiff-appellant. With them on the brief was Henry M. Pogorzelski Patterson & Sheridan, LLP, of Houston, TX.

Dennis D. Murrell, Middleton Reutlinger, of Louisville, KY, argued for defendant-appellee. With him on the brief was Robert J. Theuerkauf.

Before MAYER and SCHALL, Circuit Judges and YOUNG, District Judge.

MAYER, Circuit Judge.

Cat Tech LLC ("Cat Tech") appeals the judgment of the United States District Court for the Southern District of Texas holding that none of four configurations of loading devices manufactured by TubeMaster, Inc. ("TubeMaster") infringes U.S. Patent No. 6,905,660 (the "'660 patent"). We conclude that the district court correctly construed the "spacing" element of claims 3-7 of the '660 patent and that the dispute was sufficiently real and immediate...

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