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GREEN EDGE ENTERPRISES, LLC v. RUBBER MULCH ETC.

Nos. 2009-1455, 2009-1479.

620 F.3d 1287 (2010)

GREEN EDGE ENTERPRISES, LLC, Plaintiff/Counterclaim Defendant-Appellant, v. RUBBER MULCH ETC., LLC and Rubber Resources, Ltd., LLP, Defendants/Counterclaimants-Cross Appellants, and Groundscape Technologies, LLC, Defendant/Counterclaimant, v. International Mulch Company and Michael Miller, Counterclaim Defendants-Appellees, and Judy Smith and Lee Greenberg, Counterclaim Defendants.

United States Court of Appeals, Federal Circuit.

September 7, 2010.

Attorney(s) appearing for the Case

Joe D. Jacobson , Green Jacobson, P.C., of Clayton, MO, argued for plaintiff/counterclaim defendant-appellant. With him on the brief was Allen P. Press .

Ronald D. Foster , Ronald Foster, P.C., of South Bend, IN, argued for defendants/counterclaimants-cross appellants.

Jennifer E. Hoekel , Senniger Powers LLP, of St. Louis, MO, argued for counterclaim defendants-appellees. With her on the brief was B. Scott Eidson .

Before RADER, Chief Judge, and LOURIE and BRYSON, Circuit Judges.

LOURIE, Circuit Judge.

Green Edge Enterprises, LLC ("Green Edge") appeals from the decision of the United States District Court for the Eastern District of Missouri granting summary judgment of invalidity of U.S. Patent 5,910,514 (the "'514 patent") for violation of the best mode requirement. Green Edge Enters., LLC v. Rubber Mulch Etc., LLC, No. 4:02CV566, 2008 WL 821695, 2008 U.S. Dist. Lexis 23378 (E.D.Mo. Mar. 25, 2008) ("Best Mode Op."). Rubber...

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