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BETTCHER INDUSTRIES, INC. v. BUNZL USA, INC.

Nos. 2011-1038, 2011-1046.

661 F.3d 629 (2011)

BETTCHER INDUSTRIES, INC., Plaintiff-Cross Appellant, v. BUNZL USA, INC., Defendant, and Bunzl Processor Distribution, LLC, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

October 3, 2011.

Attorney(s) appearing for the Case

Thomas H. Shunk , Baker & Hostetler LLP, of Cleveland, OH, argued for the plaintiff-cross appellant. With him on the brief was David E. Kitchen . Of counsel on the brief was George L. Pinchak , Tarolli, Sundheim, Covell & Tummino, LLP, of Cleveland, OH.

Alan H. Norman , Thompson Coburn LLP, of St. Louis, MO, argued for the appellant. With him on the brief were Jason M. Schwent , Nicholas J. Lamb and Michael L. Nepple .

Opinion for the court filed by Circuit Judge LINN. Dissenting opinion filed by Circuit Judge REYNA.

LINN, Circuit Judge.

Following the entry of judgment of non-infringement and no invalidity in a lawsuit brought against Bunzl Processor Distribution, LLC ("Bunzl") and Bunzl USA, Inc. (no longer a party) by Bettcher Industries, Inc. ("Bettcher") in the Northern District of Ohio for infringement of U.S. Patent No. 7,000,325 ("'325 patent"), Bunzl appeals from a denial of its motion for entry of judgment as a matter of law of invalidity or for a new trial on invalidity...

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