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CATERPILLAR INC. v. DETROIT DIESEL CORP.

No. 3:95-CV-489-RM.

961 F.Supp. 1249 (1996)

CATERPILLAR INC., Plaintiff, v. DETROIT DIESEL CORP., Defendant.

United States District Court, N.D. Indiana, South Bend Division.

December 30, 1996.

Attorney(s) appearing for the Case

Mark D. Boveri, Barnes and Thornburg, South Bend, IN, James G. Richmond, Michael W. Coffield, Frank E. Pasquesi, Michael Caywood, John A. Rupp, Daniel P. Albers, Ungaretti and Harris, Chicago, IL, for Caterpillar, Inc.

Robert M. Edwards, Jr., Jones Obenchain Ford Pankow and Lewis, South Bend, IN, Robert C.J. Tuttle, Ernie L. Brooks, Frank A. Angileri, Brooks and Kushman, PC, Southfield, MI, for Detroit Diesel Corp.

MEMORANDUM AND ORDER

MILLER, District Judge.

The parties agree that, pursuant to the decision of the Federal Circuit in Markman v. Westview Instruments, 52 F.3d 967 (Fed. Cir.1995), affirmed in Markman v. Westview Instruments, ___ U.S. ___, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996), the court properly determines the meaning of a patent claim as a matter of law. The defendant filed a motion for the court...

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