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Citation: 2009 U.S. App. LEXIS 20016

1. Nystrom v. Trex Co., 2009-1026, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, September 8, 2009, Decided

OVERVIEW: Because a patent owner waived his right to pursue an infringement claim under the doctrine of equivalents in a first infringement suit brought against a manufacturer, a district court erred by denying the manufacturer's and distributors' motion for summary judgment to preclude the patent owner's second suit on res judicata grounds.


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