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AMERICAN PILEDRIVING EQUIPMENT v. GEOQUIP, INC.

Nos. 2010-1283, 2010-1314.

637 F.3d 1324 (2011)

AMERICAN PILEDRIVING EQUIPMENT, INC., Plaintiff-Appellant, v. GEOQUIP, INC., Defendant-Appellee. American Piledriving Equipment, Inc., Plaintiff-Appellant, v. Bay Machinery Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 21, 2011.

Attorney(s) appearing for the Case

Craig J. Madson , Madson IP, P.C., of Farmington, UT, argued for plaintiff-appellant. Of counsel on the brief was Stephen E. Noona , Kaufman & Canoles, P.C., of Norfolk, VA.

Peter C. Knops , Shook, Hardy & Bacon, L.L.P., of Kansas City, MO, argued for defendants-appellees Geoquip, Inc. and Bay Machinery Corporation. With him on the brief were Kenneth P. Kula ; and Robert H. Reckers , of Houston, TX. Of counsel on the brief was Richard H. Ottinger , Vandeventer Black, L.L.P., of Norfolk, VA.

Before BRYSON, GAJARSA, and LINN, Circuit Judges.

LINN, Circuit Judge.

This consolidated appeal concerns claim construction and infringement issues common to seven separate lawsuits filed by American Piledriving Equipment, Inc. ("American Piledriving") in different district courts across the United States. In each suit, American Piledriving claims that the defendants—a manufacturer of construction equipment and its distributors— have either made or sold certain pile driving devices that infringe United...

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