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Appeals Court confirms Modine patent validity.


RACINE, Wis.--(BUSINESS WIRE)--Feb. 7, 1996--The United States Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit is a United States court of appeals. The Federal Circuit was created by Congress with passage of the Federal Courts Improvement Act of 1982.

The court is headquartered in Washington, D.C., and occupies the Howard T.
 has confirmed the validity of Modine's patent pertaining per·tain  
intr.v. per·tained, per·tain·ing, per·tains
1. To have reference; relate: evidence that pertains to the accident.

2.
 to Modine's parallel-flow (PF(R)) technology.

In finding Modine's patent valid, the Court rejected a multi-faceted attack on the patent framed by Showa Aluminum Corporation, headquartered in Tokyo. This most recent result came from appeals of an International Trade Commission (ITC ITC (Brit) n abbr (= Independent Television Commission) → Fernseh-Aufsichtsgremium

ITC n abbr (BRIT) (= Independent Television Commission) →
) decision made in July 1993. The ITC decision held that Modine's patent was valid but not infringed by certain air-conditioning condensers manufactured by Showa.

The Court also held that the ITC erred in its application of the law when the ITC ruled that these certain Showa condensers did not infringe Modine's patent. The finding of non-infringement was vacated by the Appeals Court and the case was remanded to the ITC for its redetermination Noun 1. redetermination - determining again
determination, finding - the act of determining the properties of something, usually by research or calculation; "the determination of molecular structures"
 concerning infringement.

Modine indicated that this patent (U.S. Patent No. 4,998,580) is one of several patents covering its parallel-flow technology, which is currently being adopted by a major sector of the automotive air-conditioning industry.

In December 1991, Modine first asked the ITC to ban the import and sale of these products and the systems or vehicles that contain them. This was one month after Modine filed a lawsuit that is still ongoing in the U.S. District Court in Milwaukee, seeking an injunction to prohibit continued infringement, an accounting for damages, a trebling of such damages for willful Intentional; not accidental; voluntary; designed.

There is no precise definition of the term willful because its meaning largely depends on the context in which it appears.
 infringement, and reimbursement Reimbursement

Payment made to someone for out-of-pocket expenses has incurred.
 of attorneys' fees.

CONTACT: Modine Manufacturing Co., Racine

Gerald J. Sweda, 414/636-1361
COPYRIGHT 1996 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Feb 7, 1996
Words:255
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