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Amsted Industries Inc. v. Buckeye Steel Castings Co.

Court of Appeals for the Federal Circuit
24 F.3d 178 (1994)


Facts

Amsted (plaintiff), the assignee of the ‘269 patent (the patent), which claims a railroad car underframe structure, sued Buckeye (defendant) for infringement. Amsted notified Buckeye of the patent’s existence in 1986 and again in 1989 when Amsted alleged infringement of the patent. The district court held that failure by Amsted to mark the product under 35 U.S.C. § 287(a) precluded patent protection prior to the notice date and further held that notice to Buckeye was effected in 1989 and not 1986.

Rule of Law

Issue

Holding and Reasoning (Lourie, C.J.)

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