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CHEESE SYSTEMS v. TETRA PAK CHEESE AND POWDER SYS.

Nos. 2012-1463, 2012-1501.

725 F.3d 1341 (2013)

CHEESE SYSTEMS, INC., Plaintiff/Counterclaim Defendant-Appellant, and Custom Fabricating and Repair, Inc., Counterclaim Defendant-Appellant, v. TETRA PAK CHEESE AND POWDER SYSTEMS, INC. and Tetra Laval Holdings & Finance S.A., Defendants/Counterclaimants-Appellees.

United States Court of Appeals, Federal Circuit.

August 6, 2013.

Attorney(s) appearing for the Case

John P. Fredrickson , Boyle Fredrickson, S.C., of Milwaukee, WI, argued for plaintiff/counterclaim defendant-appellant and counterclaim defendant-appellant. With him on the brief were James F. Boyle , Michael T. Griggs , and Eric J. Lalor.

Philip L. Hirschhorn , Buchanan Ingersoll & Rooney PC, of New York, NY, argued for defendants/counterclaimants-appellees. With him on the brief were S. Lloyd Smith and Rachel Elsby , of Alexandria, VA. Of counsel on the brief were Jeffrey S. Ward , Edward J. Pardon , and Shane Brunner , Merchant & Gould P.C., of Madison, WI.

Before RADER, Chief Judge, REYNA, Circuit Judge, and DAVIS, District Judge.

RADER, Chief Judge.

In this declaratory judgment action, the United States District Court for the Western District of Wisconsin granted the summary judgment motion of Tetra Pak Cheese and Powder Systems (Tetra Pack Cheese) and Treval Laval Holdings & Finance S.A. (Treval Laval) (collectively, Tetra Pak) against Cheese Systems, Inc. (CSI). In an unpublished fifty-four page opinion, the trial court determined that CSI infringed under the doctrine of equivalents...

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