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RING & PINION SERVICE INC. v. ARB CORP. LTD.

No. 2013-1238.

743 F.3d 831 (2014)

RING & PINION SERVICE INC., Plaintiff-Appellee, v. ARB CORPORATION LTD., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

February 19, 2014.

Attorney(s) appearing for the Case

Lawrence D. Graham , Lowe Graham Jones, PLLC, of Seattle, WA, argued for plaintiff-appellee.

Benjamin J. Byer , Davis Wright Tremaine LLP, of Seattle, WA, argued for defendant-appellant. With him on the brief was Stuart R. Dunwoody.

Before MOORE, CLEVENGER, and REYNA, Circuit Judges.

MOORE, Circuit Judge.

Defendant ARB Corporation Ltd. (ARB) appeals from the district court's grant of summary judgment of noninfringement of U.S. Patent No. 5,591,098 (the '098 patent) to Ring & Pinion Service, Inc. (R & P). Because the district court erred by improperly applying the doctrine of claim vitiation, we reverse and remand with instructions to enter judgment of infringement for ARB.

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