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FLEMING v. ESCORT INC.

Nos. 2014-1331, 2014-1371.

774 F.3d 1371 (2014)

Hoyt A. FLEMING, Plaintiff-Appellant, v. ESCORT INC. and Beltronics USA, Inc., Defendants-Cross-Appellants.

United States Court of Appeals, Federal Circuit.

December 24, 2014.

Attorney(s) appearing for the Case

Michael S. Dowler , Park, Vaughan, Fleming & Dowler, LLP, of Houston, TX, argued for plaintiff-appellant.

Gregory F. Ahrens , Wood, Herron & Evans, L.L.P., of Cincinnati, OH, argued for defendants-cross-appellants. With him on the brief was Brett A. Schatz.

Before TARANTO, BRYSON, and HUGHES, Circuit Judges.

The district court in this case refused to disturb a jury verdict concerning two reissue patents. The jury found for the patentee on infringement and validity as to most of the asserted claims, but it invalidated five claims. The patentee, Hoyt Fleming, appeals the five invalidity determinations, arguing that (1) the testimony...

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