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NPC, INC. v. INTERNATIONAL PRECAST SUPPLY, INC.

No. CIV.03-029-JM.

337 F.Supp.2d 378 (2004)

NPC, INC. v. INTERNATIONAL PRECAST SUPPLY, INC.

United States District Court, D. New Hampshire.

September 28, 2004.

Attorney(s) appearing for the Case

Daniel J. Bourque, Esq., Bourque & Associates, Arnold Rosenblatt, Esq., Cook Little Rosenblatt & Manson the Center of New Hampshire, Manchester, NH, for Plaintiff.

Robert W. Upton, II, Esq., Upton & Hatfield LLP, Concord, NH, Michael R. Reinemann, Esq., Cesari & McKenna, Boston, MA, for Defendant.

ORDER

MUIRHEAD, United States Magistrate Judge.

NPC, Inc. ("Plaintiff") owns United States Patent No. 5,431,459 (the "'459 patent") for a wedge expander for increasing the circumference of a circular clamping band. It sued International Precast Supply, Inc. ("Defendant") alleging that Defendant's device infringes the '459 Patent under the doctrine of equivalents. Defendant moves for summary judgment on the grounds that Plaintiff is estopped from asserting...

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