JOHNSTOWN AMERICA CORP. v. TRINITY INDUSTRIES, INC.

Civ. A. No. 92-587J.

865 F.Supp. 1159 (1994)

JOHNSTOWN AMERICA CORPORATION, Plaintiff, v. TRINITY INDUSTRIES, INC., Defendant.

United States District Court, W.D. Pennsylvania.

September 2, 1994.


Attorney(s) appearing for the Case

Raymond G. Hasley, Rose, Schmidt, Hasley & DiSalle, P.C., Pittsburgh, PA, for plaintiff.

Larry D. Carlson, Robert H. Johnston III, Baker & Botts, L.L.P., Dallas, TX, Frederick N. Egler, Egler, Garrett & Egler, Pittsburgh, PA, for defendant.


OPINION

D. BROOKS SMITH, District Judge.

Seeking injunctive relief and damages, Johnstown America Corporation ("Johnstown") has sued Trinity Industries, Inc. ("Trinity") for patent infringement. Johnstown claims that Trinity's Aluminator II railway car infringes one or more of the claims of Johnstown's United States Patent No. 4,361,097 (the "'097 patent"), either literally or under the doctrine of equivalents. By counterclaim, Trinity seeks a declaratory...

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