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Civil Procedure Keyed to Marcus
Nystrom v. Trex, Inc.
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Nystrom filed an infringement action against Trex. Then Trex filed a counterclaim for declaratory judgment of non-infringement, invalidity and unenforceability of the 831 patent and antitrust violations of Nystrom. The parties filed several motions to dismiss and amendments to claims, after which the trial court held a Markman hearing in which Nystrom conceded he could not win his case of infringement. However he wished the court to dismiss the invalidity and unenforceability claims of Trex. After summary judgment motions were filed and the court held a conference, the court decided to enter summary judgment for non-infringement, denied sanction relief, but stayed a decision on the invalidity and unenforceability of the patent. Nystrom appealed.
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