PRAXAIR, INC. v. ATMI, INC.

Nos. 2007-1483, 2007-1509.

543 F.3d 1306 (2008)

PRAXAIR, INC. and Praxair Technology, Inc., Plaintiffs-Appellants, v. ATMI, INC. and Advanced Technology Materials, Inc., Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

September 29, 2008.


Attorney(s) appearing for the Case

Christopher J. Harnett, Ropes & Gray LLP, of New York, NY, argued for plaintiffs-appellants. With him on the brief were Herbert F. Schwartz, Steven Pepe, David A. Bergan, Brian P. Biddinger, and Moriah R. Agovino.

Matthew D. Powers, Weil, Gotshal & Manges LLP, of Redwood Shores, California, argued for defendants-cross-appellants. With him on the brief were Timothy E. DeMasi, and Michael B. Eisenberg of New York, NY. Of counsel were Aaron M. Frankel and Theodore J. Mlynar, Kramer, Levin, Naftalis & Frankel LLP, of New York, NY.

Opinion concurring in part and dissenting in part filed by Circuit Judge LOURIE.


DYK, Circuit Judge.

Plaintiffs Praxair, Inc. and Praxair Technology, Inc. (collectively "Praxair") brought suit alleging that defendants ATMI, Inc. and Advanced Technology Materials, Inc. (collectively "ATMI") had infringed three patents: U.S. Patent No. 6,007,609 (the "'609 patent"); U.S. Patent No. 6,045,115 (the "'115 patent"), and U.S. Patent No. 5,937,895 (the "'895 patent"). The district court entered a final judgment concluding that claims 1, 2, 6, 7, and 8...

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