Atlas Powder Company, and Hanex Products, Inc. v. Ireco Incorporated and Ici Explosives Usa, Inc.
Court of Appeals for the Federal Circuit
1Opinion of the Court
RADER, Circuit Judge.
The United States District Court for the District of Wyoming determined that U.S. Patent No. 4,111,727 (the Clay patent) and its reissue, U.S. Patent No. RE 33,788 (the reissue patent) were invalid. Atlas Powder Company (Atlas), a licensee under those patents, sued IRECO Incorporated (IRECO) for infringement of the Clay patent. Following two bench trials, the district court concluded that both the original Clay patent and the reissue patent were invalid as anticipated by either U.S. Patent No. 3,161,551 (Egly) or U.K. Patent No. 1,306,546 (Butterworth). Because the…
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