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Husky Injection Molding Systems Ltd. (“Husky”) appeals from the decision of the United States District Court for the Western District of Missouri, granting the motion of R&D Tool & Engineering Co. (“R&D”) for summary judgment of non-infringement of U.S. Patent No. Re. 33,237 (the “’237 patent”). Husky Injection Molding Sys. Ltd. v. R&D Tool & Eng’g Co., No. 00-0577-CV-W-SOW-ECF (W.D. Mo. Mar. 30, 2001). Because we find that there were no genuine issues of material fact regarding infringement of the ’237 patent and that the district court correctly concluded that R&D’s replacement of the mold and carrier plate of the injection molding system was more akin to repair than reconstruction, we affirm.


Husky manufactures and sells injection molding systems (the “X-series systems”) that produce hollow plastic articles known as preforms. These preforms are subsequently reheated and blow molded into hollow plastic containers.

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