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WELSH v. ROCKMASTER EQUIPMENT MFG., INC.

No. 1:96-CV-142.

47 F.Supp.2d 818 (1999)

James M. WELSH and Welsh Rock, Incorporated, Plaintiffs, v. ROCKMASTER EQUIPMENT MANUFACTURING, INC., Scott Hydraulics, Inc., Ray Jackson, Paul J. Scott, Spencer & Frank, and Jay M. Cantor, Defendants.

United States District Court, E.D. Texas, Beaumont Division.

March 26, 1999.

Attorney(s) appearing for the Case

J. Hoke Peacock II, Orgain, Bell & Tucker, Beaumont, TX, Robert Gerard Neal, Jr., Hemphill, TX, for plaintiff.

Curtis William Fenley, Jr., Fenley & Bate, Lufkin, TX, Gerald Wayne Riedmueller, Benckenstein, Norvell & Nathan, Beaumont, TX, for defendants Rockmaster, Scott Hydraulics, Jackson, Scott.

Iris Hefter Robinson, Magenheim, Bateman, Robinson, Wrotenberry & Helfand, Houston, TX, for defendants Spencer & Frank and Jay Canator.

MEMORANDUM OPINION

COBB, District Judge.

The plaintiffs, James M. Welsh and Welsh Rock, Incorporated, have now filed their Second Motion for Summary Judgment on all issues before the court. This motion was filed February 18, 1999, almost eleven months after the court's memorandum opinion of March 31, 1998, which granted Welsh's application for temporary injunction and held that United States Patent No. 5,471,139 (the "139 patent") was invalid by reason...

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