Federal Court Partially Reverses Ruling in Patent Infringement Lawsuit of Cmi

By May, Bill | THE JOURNAL RECORD, December 17, 1988 | Go to article overview

Federal Court Partially Reverses Ruling in Patent Infringement Lawsuit of Cmi


May, Bill, THE JOURNAL RECORD


Part of the patent infringement lawsuit filed by Oklahoma City-based CMI Corp. has been reversed by a federal court in Chattanooga, Tenn., which validated three counterclaims by a Tennessee company.

Both CMI and Astec Industries Inc. of hattanooga have announced they will appeal all the decisions thus far made by the federal court. Those appeals will be made to the U.S. Patent Appellate Court in Washington, D.C.

A damage trial set for March 20, stemming from an earlier court order favorable to CMI, will be delayed until the process is completed.

In early November, the U.S. District Court in the Eastern District of Tennessee upheld CMI's patent infringement claims against Astec. However, the same court this week recognized three of five Astec patents involved in countercaims.

The latest order instructs CMI to discontinue use of these three validated Astec patents. CMI officials announced that those processes already have been changed and have not been used for some time.

Liability in the decisions will become a complicated matter, but a CMI statement issued Friday said that damages it suffered are substantially greater than potential liabilities stemming from the Astec counterclaims.

CMI claims Astec infringed upon its patents over eight years by building and selling 200 asphalt plants. In its claim, CMI seeks to recover lost profits, prejudgement interest on those plants, plus 150 asphalt plants sold by the Barber-Greene Co.

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Federal Court Partially Reverses Ruling in Patent Infringement Lawsuit of Cmi
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