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MARKEM-IMAJE CORP. v. ZIPHER LTD.

No. 2010-1305.

657 F.3d 1293 (2011)

MARKEM-IMAJE CORPORATION, Plaintiff-Appellee, v. ZIPHER LTD. and Videojet Technologies, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

September 9, 2011.

Attorney(s) appearing for the Case

Kurt L. Glitzenstein , Fish & Richardson, P.C., of Boston, MA, argued for plaintiff-appellee. With him on the brief was Michael Clark Lynn .

Kara F. Stoll , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for defendants-appellants. With her on the brief were J. Michael Jakes and Susan Y. Tull. Of counsel was Joyce Craig .

Opinion for the court filed PER CURIAM. Dissenting opinion filed by Circuit Judge NEWMAN.

PER CURIAM.

Markem-Imaje Corp. sued Zipher Ltd. and Videojet Technologies, Inc. (together "Zipher") in the United States District Court for the District of New Hampshire, requesting a declaratory judgment that Zipher's U.S. Patent No. 7,150,572 (the '572 patent) is not infringed by Markem. The district court granted summary judgment of noninfringement,1 and Zipher appeals. We conclude that the district court erred in construing a critical...

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