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ULTIMAX CEMENT MFG. CORP. v. CTS CEMENT MFG. CORP.

Nos. 2008-1218, 2008-1439.

587 F.3d 1339 (2009)

ULTIMAX CEMENT MANUFACTURING CORPORATION, Hassan Kunbargi, and KA Group, Plaintiffs/Counterclaim Defendants-Appellants, and Heartland Cement Sales Company, Plaintiff/Counterclaim Defendant-Appellee, and RC Cement Holding Company, Signal Mountain Cement Company, River Cement Company, Hercules Cement Company, and RC Cement Company, Counterclaim Defendants, v. CTS CEMENT MANUFACTURING CORPORATION (doing business as CTS Cement Manufacturing Company), Edward K. Rice, Rapid-Set Products Co. (doing business as RSC, Inc.), CTS Bulk Terminals Co., Chem-Comp Systems, Inc., Jack V. Goodman, Paragon Building Products, Inc., Lawrence B. Collins, Blue Daisy Cement Products, Inc., Kurt Caillier, A & A Ready Mixed Concrete, Inc., Ryan Vanderhook, Sr., Short Load Concrete, Inc., Sir-Mix Concrete Products, White Cap Industries, Inc., The Quikrete Companies, and Grupo Cementos De Chihuahua, Defendants/Counterclaimants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

December 3, 2009.

Attorney(s) appearing for the Case

Saied Kashani, Saied Kashani Law Offices, of Los Angeles, CA, argued for plaintiffs/counterclaim defendants-appellants.

Michael R. Annis, Husch Blackwell Sanders LLP, of St. Louis, MO, argued for plaintiff/counterclaim defendant-appellee.

James W. Geriak, Orrick, Herrington & Sutcliffe LLP, of Irvine, CA, argued for defendants/counterclaimants-cross appellants. With him on the brief were Kurt T. Mulville and Thomas J. Gray.

William J. Robinson, Foley & Lardner LLP, of Los Angeles, CA, for amicus curiae Foley & Lardner LLP.

Before LOURIE, DYK, and PROST, Circuit Judges.

LOURIE, Circuit Judge.

Ultimax Cement Manufacturing Corporation, Hassan Kunbargi, and KA Group (collectively "Ultimax") appeal from the judgment of the United States District Court for the Central District of California granting summary judgment of noninfringement, invalidity, laches, and indefiniteness relating to certain claims of U.S. Patents 4,957,556 ("the '556 patent"); 6,113,684 ("the '684 patent"); and 6,406,534 ("the '534 patent"),1

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