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SIMMONS, INC. v. BOMBARDIER, INC.

No. 1:01-CV-00048 PGC.

328 F.Supp.2d 1188 (2004)

SIMMONS, INC., Plaintiff, v. BOMBARDIER INC. and Bombardier Motor Corporation of America, and Bombardier Recreation Products, Inc., Defendants.

United States District Court, D. Utah, Northern Division.

July 27, 2004.

Attorney(s) appearing for the Case

David G. Mangum, David M. Bennion, Margaret N. McGann, Parsons, Behle & Latimer, Salt Lake City, UT, Cynthia M. Klaus, Larkin, Hoffman, Daly & Lindgren, Ltd., Bloomington, MN, Alan M. Anderson, Sharna A. Wahlgren, Christopher K. Larus, Stuart K. Ford, Laura J. Borst, Fulbright & Jaworski, LLP, Minneapolis, MN, for Plaintiff.

James S. Jardine, Rick L. Rose, Rick B. Hoggard, Samuel C. Straight, David E. Finkelson, Ray, Quinney & Nebeker, Salt Lake City, UT, Scott J. Pivnick, Robert J. Walters, Pillsbury Winthrop, LLP, Washington, DC, Kevin T. Kramer, William P. Atkins, James R. Menker, Pillsbury Winthrop, LLP, McLean, VA, for Defendants.

ORDER AND MEMORANDUM OPINION ON MOTIONS FOR SUMMARY JUDGMENT

CASSELL, District Judge.

Plaintiff Simmons Inc. has alleged that the Defendants (referred to collectively as Bombardier) have infringed claims 1, 2, 6, 9, 10, and 11 of U.S. Patent No. 5,386,594 (the "594 patent" or "patent 594"). The prosecution history of the 594 patent is long and complicated and will be set forth as relevant below. Litigation over the 594 patent also has a history, including...

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