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Thermapure, Inc. v. RxHeat, LLC

United States District Court, N.D. Illinois, Eastern Division

March 31, 2014

THERMAPURE, INC., Plaintiff,
v.
RXHEAT, LLC and CAMBRIDGE ENGINEERING, INC., Defendants

Page 969

[Copyrighted Material Omitted]

Page 970

[Copyrighted Material Omitted]

Page 971

[Copyrighted Material Omitted]

Page 972

For Thermapure, Inc., Plaintiff: Paul K Vickrey, LEAD ATTORNEY, Daniel R. Ferri, Frederick Christopher Laney, Patrick Francis Solon, Niro, Scavone, Haller & Niro, Ltd., Chicago, IL.

For RxHeat, LLC, Cambridge Engineering, Inc., Defendants, ThirdParty Plaintiffs, Counter Claimants: Douglas Alan Robinson, Harness Dickey & Pierce PLC, St. Louis, MO; Kara Eve Foster Cenar, Mariangela M. Seale, Bryan Cave LLP, Chicago, IL.

For E-Therm, Inc., TPE Associates, LLC, Third Party Defendants, Counter Defendants: Daniel R. Ferri, Frederick Christopher Laney, Patrick Francis Solon, Paul K Vickrey, Niro, Scavone, Haller & Niro, Ltd., Chicago, IL.

For Thermapure, Inc., Counter Defendant: Paul K Vickrey, LEAD ATTORNEY, Frederick Christopher Laney, Patrick Francis Solon, Niro, Scavone, Haller & Niro, Ltd., Chicago, IL.

Page 973

MEMORANDUM OPINION & ORDER

REBECCA R. PALLMEYER, United States District Judge.

The Centers for Disease Control and Prevention reports that the United States is experiencing " an alarming resurgence in the population of bed bugs." Heat treatment is one of several methods for controlling these and other undesirable visitors. See U.S. Centers for Disease Control and Prevention & U.S. Environmental Protection Agency, Joint Statement on Bed Bug Control in the United States at 1 (2010), available at http://www.cdc.gov/nceh/ehs/Docs/Joint_Statement_on_Bed_Bug_Control_in_the_US.pdf. The parties in this patent infringement suit are engaged in the heat treatment services industry. Plaintiff Thermapure, Inc. (" Thermapure" ) charges Defendants RxHeat, LLC (" RxHeat" ) and Cambridge Engineering, Inc. (" Cambridge" ) with infringing Thermapure's U.S. Patent No. 6,327,812 (" ...


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