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NALCO CO. v. CHEM-MOD, LLC

2017-1036.

883 F.3d 1337 (2018)

NALCO COMPANY, Plaintiff-Appellant v. CHEM-MOD, LLC, Arthur J. Gallagher & Co., Gallagher Clean Energy, LLC., ALG Coal, Inc., ALG Iowa Refined Coal, LLC, Mansfield Refined Coal LLC, Cope Refined Coal LLC, Cross Refined Coal LLC, Jefferies Refined Coal, LLC, Joppa Refined Coal, LLC, Thomas Hill Refined Coal LLC, Wagner Coaltech LLC, Walter Scott Refined Coal LLC, Winyah Refined Coal LLC, Bedford Mix LLC, Brandon Shores Coaltech LLC, Canadys Refined Coal, LLC, Coronado Refined Coal LLC, FRM Trona Fuels LLC, FRM Virginia Fuels LLC, George Neal North Refined Coal LLC, George Neal Refined Coal LLC, Louisa Refined Coal, LLC, Refined Fuels of Illinois, LLC, Belle River Fuels Company, LLC, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: February 27, 2018.

Attorney(s) appearing for the Case

WILLIAM BRYAN FARNEY , Farney Daniels, PC, Georgetown, TX, argued for plaintiff-appellant. Also represented by CASSANDRA KLINGMAN.

RICHARD MARK , Gibson, Dunn & Crutcher LLP, New York, NY, argued for defendants-appellees. Also represented by JOSEPH EVALL , PAUL J. KREMER ; STEVEN ERIC FELDMAN , SHERRY LEE ROLLO , Hahn Loeser & Parks, LLP, Chicago, IL.

Before Moore, Schall, and O'Malley, Circuit Judges.

Nalco Company ("Nalco") appeals from the district court's decision dismissing its Fourth Amended Complaint ("4AC") with prejudice for failure to state a claim upon which relief can be granted. The 4AC alleged infringement of U.S. Patent No. 6,808,692 ("the '692 patent") by Appellees Chem-Mod, LLC, Arthur J. Gallagher &...

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