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ASAHI/AMERICA, INC. v. MFRI, INC.

No. 97 CIV. 5401(JSR).

36 F.Supp.2d 618 (1999)

ASAHI/AMERICA, INC., Plaintiff, v. MFRI, INC., Perma-Pipe, Inc., Midwesco Simtech, Inc., and I. Wayne James, Defendants.

United States District Court, S.D. New York.

February 18, 1999.

Attorney(s) appearing for the Case

Kenneth F. Florek, Hedman, Gibson, Costigan & Hoare, P.C., New York City, for plaintiff.

Paul A. Scrudato, New York City, for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

RAKOFF, District Judge.

Plaintiff Asahi/America, Inc. ("Asahi") alleges that defendants MFRI, Inc., Perma-Pipe, Inc., Midwesco Simtech, Inc., and I. Wayne James infringed Asahi's patent on a device known as a thermoplastic restraint coupling. Defendants concede that if the patent is valid, it is enforceable and they infringed it. Trial Tr. at 30. They contend, however, that Asahi's device is an obvious application...

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