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K-TEC, INC. v. VITA-MIX CORP.

Case No. 2:06-CV-108.

729 F.Supp.2d 1312 (2010)

K-TEC, INC., Plaintiff, v. VITA-MIX CORPORATION, Defendant.

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

May 27, 2010.

Attorney(s) appearing for the Case

L. Grant Foster, Brett L. Foster, Mark A. Miller, Holland & Hart, Salt Lake City, UT, Timothy P. Getzoff, Holland & Hart, Boulder, CO, for Plaintiff.

Michael L. Snyder, David B. Cupar, David T. Movius, McDonald Hopkins LLC, Cleveland, OH, Thomas D. Walk, Dax D. Anderson, Todd E. Zenger, Kirton & McConkie, Salt Lake City, UT, for Defendant.

MEMORANDUM DECISION and ORDER

TENA CAMPBELL, District Judge.

K-TEC and Vita-Mix filed cross motions for summary judgment on the validity of U.S. Patent No. 6,979,117 (the '117 Patent) and U.S. Patent No. 7,218,842 Patent (the '842 Patent) (collectively the K-TEC Patents). At the May 12, 2010 hearing, K-TEC narrowed its infringement contentions and now contends that Vita-Mix infringes claim 4 of the `117 Patent and claims 1 and 9 of the `842 Patent ("the...

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