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MICRO CHEMICAL v. GREAT PLAINS CHEMICAL CO.

No. 98-1393.

194 F.3d 1250 (1999)

MICRO CHEMICAL, INC., Plaintiff/Counterclaim Defendant-Appellant, and William Pratt, Counterclaim Defendant, v. GREAT PLAINS CHEMICAL CO., INC., Lextron, Inc. and Robert C. Hummel, Defendants/Counterclaimants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined December 10, 1999.

Attorney(s) appearing for the Case

Gregory A. Castanias, Jones, Day, Reavis & Pogue, Washington, DC, argued, for plaintiff/counterclaim defendant-appellant, Micro Chemical, Inc. and counterclaim defendant, William Pratt. With him on the brief was Thomas M. Fisher. Of counsel on the brief was John Mozola, Mullin, Hoard & Brown, L.L.P., Amarillo, Texas. Of counsel was Richard P. Holme, Davis, Graham, Denver, Colorado.

Dennis J. Mondolino, Hopgood, Calimafde, Kalil & Judlowe, LLP, New York, New York, argued, for defendants/counterclaimants-appellees. With him on the brief was Michael F. Hurley.

Before PLAGER, RADER, and BRYSON, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing En Banc Declined December 10, 1999.

RADER, Circuit Judge.

Following a bench trial, the United States District Court for the District of Colorado determined that Great Plains Chemical Company, Inc., now Lextron, Inc. (Lextron), did not infringe Micro Chemical, Inc.'s U.S. Patent No. 4,733,971 (the '971 patent). The '971 patent relates to devices and methods for dispensing the proper amount of additives into livestock...

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