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SMS DEMAG AKTIENGESELLSCHAFT v. MATERIAL SCIENCES CORP.

No. 08-2479.

565 F.3d 365 (2009)

SMS DEMAG AKTIENGESELLSCHAFT, Plaintiff, v. MATERIAL SCIENCES CORPORATION, Defendant-Appellee. Appeal of Terronics Development Corporation, Intervenor-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 8, 2009.

Attorney(s) appearing for the Case

Kenneth P. McKay (argued), McKay & Associates, Pittsburgh, PA, for Plaintiff/Intervenor-Appellant.

Edward P. Gibbons (argued), Walker Wilcox Matousek, Chicago, IL, for Defendant-Appellee.

Before CUDAHY, FLAUM, and WOOD, Circuit Judges.

CUDAHY, Circuit Judge.

In this diversity action, Terronics Development Corporation (TDC) sues Material Sciences Corporation (MSC) for breach of contract, seeking damages and the return of certain patents TDC had assigned to MSC. The district court granted MSC's motion for summary judgment in its entirety. We affirm the dismissal of TDC's damages claims, but reverse the dismissal of TDC's claim seeking the reassignment of its patents.

I.

MSC is one...

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