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SUPERIOR INDUSTRIES v. THOR GLOBAL ENTERPRISES

No. 2011-1549.

700 F.3d 1287 (2012)

SUPERIOR INDUSTRIES, LLC, Plaintiff-Appellant, v. THOR GLOBAL ENTERPRISES LTD, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 27, 2012.

Attorney(s) appearing for the Case

John M. Weyrauch , Dicke, Billig & Czaja, PLLC, of Minneapolis, MN, argued for plaintiff-appellant. With him on the brief were Patrick G. Billig and Paul P. Kempf .

Christopher T. Holland , Krieg Keller Sloan Reilley & Roman LLP, of San Francisco, CA, argued for defendant-appellee. With him on the brief was Matthew T. Peters .

Dissenting opinion filed by Circuit Judge MAYER.

RADER, Chief Judge.

The United States District Court for the District of Minnesota dismissed with prejudice a patent infringement complaint filed by Superior Industries, LLC ("Superior") against Thor Global Enterprises Ltd. ("Thor") in part based on claim preclusion and in part for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Superior Indus., LLC v. Thor Global Enters. Ltd., No. 10-CV-2524, 2011 WL 3100335, at *3 (D...

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