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HAFCO FOUNDRY & MACHINE CO. v. GMS MINE REPAIR

2018-1904.

953 F.3d 745 (2020)

HAFCO FOUNDRY AND MACHINE COMPANY, INCORPORATED, Plaintiff-Appellee v. GMS MINE REPAIR AND MAINTENANCE, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: March 16, 2020.

Attorney(s) appearing for the Case

Andrew G. Fusco , Bowles Rice, LLP, Morgantown, WV, argued for plaintiff-appellee. Also represented by Jeffrey A. Ray .

James R. Lawrence, III , Michael Best & Friedrich, Raleigh, NC, argued for defendant-appellant. Also represented by Anthony J. Biller .

Opinion concurring in part, dissenting in part filed by Circuit Judge Newman.

Hafco Foundry and Machine Company, Inc. ("Hafco") is the owner of United States Design Patent No. D681,684 ("the '684 patent"), issued on May 7, 2013 for a "Rock Dust Blower." This device is used to distribute rock dust in areas such as coal mines, where rock dust is applied to the mine's interior surfaces, to control the explosive hazards...

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