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NYSTROM v. TREX CO., INC.

No. 2009-1026.

580 F.3d 1281 (2009)

Ron NYSTROM, Plaintiff-Appellant, v. TREX COMPANY, INC., and Snavely Forest Products Inc., Defendants-Appellees. and Home Depot USA, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 8, 2009.

Attorney(s) appearing for the Case

Joseph S. Presta, Nixon & Vanderhye, P.C., of Arlington, VA, argued for plaintiff-appellant.

Patrick J. Coyne, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for all defendants-appellees. With him on the brief for Trex Company, Inc., et al., was Troy E. Grabow. On the brief for Home Depot USA, Inc., was Christopher E. Gatewood, Hirschler Fleischer, P.C., of Richmond, VA. Of counsel was R. Webb Moore.

Opinion for the court filed by Circuit Judge RADER. Additional views filed by Circuit Judge RADER.

RADER, Circuit Judge.

The United States District Court for the Eastern District of Virginia held that plaintiff Ron Nystrom was not precluded on res judicata grounds from litigating his infringement claim against Trex Company, Inc., Home Depot USA, Inc., and Snavely Forest Products Inc. (collectively, Defendants). The district court also held that Defendants did not infringe the asserted claims of U.S. Patent No. 5,474,831 (the '831 patent). Because the patentee...

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