Ruling Upheld by Court of Appeals in Cmi Patent-Infringement Case

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First damage trials in a patent-infringement suit Oklahoma City's CMI Corp. filed against five manufacturers could be heard as early as January, President Jay Edwards said Wednesday.

This statement came after the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., Friday upheld a lower court ruling that CMI's patents had been infringed upon. The court's order also returned the case to federal district court in Tennessee for damage hearings.

"We are pleased that the court upheld our claim and recognized that there has been infringment on our patents," Edwards said. "Now it looks like it's time to pay the piper.

"This decision also clears the way in Chicago for a damage argument against Barber-Greene (Co. of Dekalb, Ill.) and that may be the first one heard, possibly as early as January.

"We are looking at major damages here. We feel there have been $500 million worth of asphalt plants using our technology sold over the past 10 years and we feel that the profits from those sales should rightfully be ours.

"We also are asking for interest from the profits of those sales.

"In addition, the judge could award punitive damages if he feels that the infringement was deliberate and that's what we will argue. …