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KOTHMANN ENTERPRISES, INC. v. TRINITY INDUSTRIES

No. Civ.A. H-01-2668.

394 F.Supp.2d 923 (2005)

KOTHMANN ENTERPRISES, INC., successor by merger to Kothmann and Kothmann, Inc. Plaintiff, v. TRINITY INDUSTRIES, INC., Defendant.

United States District Court, S.D. Texas, Houston Division.

September 30, 2005.

Attorney(s) appearing for the Case

Andrew Paul Mouton, Mouton Mouton et al., Big Spring, TX, Charles J. Rogers, Thomas L. Warden, Conley Rose, PC Houston, TX, Max Lalon Tribble, Jr., Susman Godfrey, Houston, TX, for Plaintiff.

Steven E. Ross, Thomas Copeland Wright, Gardere, Wynne & Sewell, Dallas, TX, Thomas Michael Wall, Gardere, Wynne & Sewell, Houston, TX, Russell Clay Brown, Wellborn, Houston, Adkinson, et al., Henderson, TX, for Defendant.

MEMORANDUM AND OPINION

ROSENTHAL, District Judge.

This patent infringement suit involves roadside safety devices designed to absorb the forces generated when vehicles collide with guardrails and other objects along highways and roads to reduce injury and damage. Kothmann Enterprises, Inc. ("KEI") alleges that two devices manufactured and sold by Trinity Industries, Inc. ("Trinity") — the Mobile Protection System ("MPS-350") and the Attenuating Crash...

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