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SUNDANCE, INC. v. DEMONTE FABRICATING LTD.

Nos. 2008-1068, 2008-1115.

550 F.3d 1356 (2008)

SUNDANCE, INC. and Merlot Tarpaulin and Sidekit Manufacturing Company, Inc., Plaintiffs-Cross Appellants, v. DEMONTE FABRICATING LTD. and Quickdraw Tarpaulin Systems, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied January 22, 2009.

Attorney(s) appearing for the Case

Thomas C. Wettach, Cohen & Grigsby, P.C., of Pittsburgh, PA, argued for plaintiffs-cross-appellants. Of counsel on the brief were Kevin J. Heinl and Robert C. Brandenburg, Brooks Kushman P.C., of Southfield, MI.

Richard L. Rainey, Covington & Burling LLP, of Washington, DC, argued for defendants-appellants. With him on the brief were Roderick R. McKelvie, Scott C. Weidenfeller, and Roger A. Ford.

Before DYK, PROST, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Plaintiffs-Cross Appellants Sundance, Inc. and Merlot Tarpaulin and Sidekit Manufacturing Co., Inc. (collectively, Sundance) sued Defendants-Appellants DeMonte Fabricating Ltd. and Quick Draw Tarpaulin Systems, Inc. (collectively, DeMonte) in the United States District Court for the Eastern District of Michigan for infringement of claim 1 of U.S. Patent No. 5,026,109 (the '109 patent). A jury concluded that claim 1 was infringed but invalid for...

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