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Hallco Manufacturing Co., Inc. v. Foster

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The Petition for Rehearing is GRANTED, for the limited purpose of addressing several factual issues. The original opinion is withdrawn and replaced with the attached revised opinion. The outcome is unchanged.

Appealed from: United States District Court for the District of Oregon Senior Judge Owen M. Panner

In this patent case, Hallco Manufacturing Co. filed a declaratory judgment action seeking a judicial determination that its redesigned reciprocating conveyers did not infringe U.S. Reissue Patent No. Re35,022 (the “’022 patent”). The ’022 patent is owned by Raymond Keith Foster (“Foster”). Foster counterclaimed against Hallco Manufacturing Co. and its owner Olof A. Hallstrom (collectively “Hallco”) for breach of a settlement agreement regarding the ’022 patent into which the parties had earlier entered.

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