Pandrol Usa, Lp and Pandrol Limited v. Airboss Railway Products, Inc., Airboss of America Corp., Robert M. Magnuson, and Jose R. Mediavilla
Court of Appeals for the Federal Circuit
1Opinion of the Court
DYK, Circuit Judge.
Airboss Railway Products, Inc., Airboss of America Corp., Robert M. Magnuson, and Jose R. Mediavilla (collectively, “the defendants”) appeal from the judgment of the United States District Court for the Western District of Missouri. Pandrol USA, LP v. Airboss Ry. Prods., No. 99-0182 (W.D.Mo. Mar. 28, 2002).
The district court entered summary judgment of infringement of U.S. Patent No. 5,110,046 (“the '046 patent”) and found that the defendants had waived their affirmative defenses and counterclaims by not raising them during briefing of cross-motions for summary judgment. We…
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