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EUCLID CHEMICAL CO. v. VECTOR CORROSION TECH., INC.

No. 2008-1170.

561 F.3d 1340 (2009)

The EUCLID CHEMICAL COMPANY, Plaintiff/Counterclaim Defendant-Appellant, v. VECTOR CORROSION TECHNOLOGIES, INC., Defendant-Appellee, and David Whitmore, Defendant/Counterclaimant-Appellee, and Vector Corrosion Technologies, Ltd., Counterclaimant-Appellee.

United States Court of Appeals, Federal Circuit.

April 1, 2009.

Attorney(s) appearing for the Case

Thomas H. Shunk, Baker & Hostetler LLP, of Cleveland, OH, argued for plaintiff/counterclaim defendant-appellant. With him on the brief was Jude A. Fry, Fay Sharpe LLP, of Cleveland, OH.

Brewster B. Taylor, Stites & Harbison, PLLC, of Alexandria, VA, argued for defendant-appellee and defendant/counterclaimant-appellee. With him on the brief were Robert E. Scully, Jr. and Emily H. Smith.

Opinion for the court filed by Circuit Judge LINN. Opinion concurring in part and dissenting in part filed by Circuit Judge NEWMAN.

LINN, Circuit Judge.

This case involves a dispute over ownership of a United States Patent. Euclid Chemical Company ("Euclid") brought a declaratory judgment action concerning patents purportedly owned by Vector Corrosion Technologies, Inc. ("Vector"). Euclid Chem. Co. v. Vector Corrosion Techs., Inc., No. 1:05-CV-080, 2007 WL 4460628 (N.D.Ohio Dec. 14, 2007), slip op. at 1. Vector counterclaimed for infringement and moved for partial summary judgment that...

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