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KOTHMANN ENTERPRISES, INC. v. TRINITY INDUSTRIES

No. Civ.A. II-01-2668.

455 F.Supp.2d 608 (2006)

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.

January 13, 2006.

Attorney(s) appearing for the Case

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

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

MEMORANDUM AND ORDER

ROSENTHAL, District Judge.

The issues remaining in this case are the equitable defenses that the accused infringer, Trinity Industries, Inc., has asserted against the patentee, Kothmann Enterprises, Inc. (KEI). Trinity alleges that the claims of United States Patent No. 6,022,003 (the `003 Patent) and United States Patent No. 6,505,820 (the `820 Patent) are unenforceable because KEI and its predecessors engaged in inequitable conduct...

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