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CLOCK SPRING, L.P. v. WRAPMASTER, INC.

No. 2008-1332.

560 F.3d 1317 (2009)

CLOCK SPRING, L.P., Plaintiff-Appellant, v. WRAPMASTER, INC., Applied Consultants, Inc., and Glenn Davis (personally and including his marital estate), Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 25, 2009.

Attorney(s) appearing for the Case

Tim Headley, Law Offices of Tim Headley, of Houston, TX, argued for plaintiff-appellant.

William L. Prickett, Seyfarth Shaw LLP, of Boston, MA, argued for the defendants-appellees. With him on the brief was Jason J. Jarvis of counsel on the brief were William G. Arnot, III and Ira P. Domnitz, Winstead Attorneys, of Houston, TX.

Before BRYSON and DYK, Circuit Judges, and PATEL, District Judge.

DYK, Circuit Judge.

Clock Spring, L.P. ("Clock Spring") brought suit alleging that Wrapmaster, Inc. ("Wrapmaster") infringed the claims of U.S. Patent No. 5,632,307 ("'307 Patent") and violated section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A). The '307 Patent claims methods for repairing damaged high-pressure gas pipes. On summary judgment the United States District Court for the Southern District of Texas held that the claims of the '307 Patent were...

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