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KEURIG, INC. v. STURM FOODS, INC.

No. 2013-1072.

732 F.3d 1370 (2013)

KEURIG, INCORPORATED, Plaintiff-Appellant, v. STURM FOODS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 17, 2013.

Attorney(s) appearing for the Case

Michael A. Albert , Wolf, Greenfield & Sacks, P.C., of Phoenix, AZ, argued for plaintiff-appellant. With him on the brief were Gerald B. Hrycyszyn ; and Chelsea A. Loughran , of Boston, MA. Of counsel was Karen E. Keller , Shaw Keller, LLP, of Wilmington, DE.

Allen A. Arntsen , Foley & Lardner LLP, of Madison, WI, argued for defendant-appellee. With him on the brief were Craig S. Fochler , Scott R. Kaspar and Aaron J. Weinzierl , of Chicago, IL; and Kimberly K. Dodd , of Milwaukee, WI.

Erik Paul Belt , McCarter & English, LLP, of Boston, MA, for amicus curiae, Boston Patent Law Association. With him on the brief was Kelly A. Gabos .

Concurring opinion filed by Circuit Judge O'MALLEY.

LOURIE, Circuit Judge.

Keurig, Inc. ("Keurig") appeals from the decision of the United States District Court for the District of Delaware granting summary judgment that Sturm Foods, Inc. ("Sturm") does not infringe claim 29 of Keurig's U.S. Patent 7,165,488 (the "/C488 patent") and claims 6-8 of Keurig's U.S. Patent 6,606,938 (the "'938 patent"). Keurig, Inc. v. Sturm Foods, Inc., No. 10-841, 2012 WL 4049799 (D.Del. Sept. 13, 2012). Because the district court...

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