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RADIO SYSTEMS CORP. v. LALOR

No. 2012-1233.

709 F.3d 1124 (2013)

RADIO SYSTEMS CORPORATION and Innotek, Inc., Plaintiffs-Appellees, v. Tom LALOR and Bumper Boy, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

March 6, 2013.

Attorney(s) appearing for the Case

R. Bradford Brittian , Merchant & Gould, P.C., of Alcoa, TN, argued for plaintiffs-appellees. With him on the brief was John T. Winemiller . Of counsel was Matthew J. Stark .

Philip P. Mann , Mann Law Group, of Seattle, WA, argued for defendants-appellants. With him on the brief was John Whitaker , Whitaker Law Group, of Seattle, WA.

Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge NEWMAN.

MOORE, Circuit Judge.

In this declaratory judgment action, Tom Lalor and Bumper Boy, Inc. (collectively, Bumper Boy) appeal from the district court's grant of summary judgment that Radio Systems and Innotek (collectively, Radio Systems) do not infringe two related Bumper Boy patents. See Radio Systems Corp. v. Lalor, No. C10-828RSL, 2012 WL 254026 (W.D.Wash. Jan. 26, 2012) (Summary Judgment Order). For the...

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