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ADVANCED FIBER TECHNOLOGIES TRUST v. J & L FIBER

No. 2011-1243.

674 F.3d 1365 (2012)

ADVANCED FIBER TECHNOLOGIES (AFT) TRUST, Plaintiff-Appellant, v. J & L FIBER SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 3, 2012.

Attorney(s) appearing for the Case

Nicholas Mesiti , Heslin, Rothenberg, Farley & Mesiti, P.C., of Albany, NY, argued for plaintiff-appellant. With him on the brief was Brett Hutton .

David R. Cross , Quarles & Brady LLP, of Milwaukee, WI, argued for defendant-appellee. With him on the brief was Johanna M. Wilbert .

Before LOURIE, DYK, and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge LOURIE.

Opinion dissenting in part filed by Circuit Judge DYK.

LOURIE, Circuit Judge.

Advanced Fiber Technologies (AFT) Trust ("AFT") appeals from the district court's construction of certain claim terms and its grant of summary judgment of noninfringement and lack of willfulness in favor of J & L Fiber Services, Inc. ("J & L"). We affirm the grant of summary judgment on willfulness. Because the...

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