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SWIMWAYS CORP. v. OVERBREAK, LLC

No. 1:04CV627.

354 F.Supp.2d 637 (2005)

SWIMWAYS CORP. Plaintiff, v. OVERBREAK, LLC, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

January 21, 2005.

Attorney(s) appearing for the Case

Stephen Edward Noona, Kaufman & Canoles PC, Norfolk, VA, for Plaintiff.

Paul Frederick Brinkman, Marianne Roach Casserly, Alston & Bird LLP, Washington, DC, for Defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

At issue at the Markman1/summary judgment stage of this patent infringement action are (i) the construction of two claim terms, and (ii) the question whether there is literal or doctrine-of-equivalents infringement once the terms have been properly construed. For the reasons that follow, the construction of one of the disputed...

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