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Ultimax Cement Manufacturing Corp. v. CTS Cement Manufacturing Corp.

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Published opinion

Before LOURIE, DYK, and PROST, Circuit Judges.

Ultimax Cement Manufacturing Corporation, Hassan Kunbargi, and KA Group (collectively “Ultimax”) appeal from the judgment of the United States District Court for the Central District of California granting summary judgment of noninfringement, invalidity, laches, and indefiniteness relating to certain claims of U.S. Patents 4,957,556 (“the ’556 patent”); 6,113,684 (“the ’684 patent”); and 6,406,534 (“the ’534 patent”),*fn1 as well as the court’s grant of summary judgment that no trade secret was violated,*fn2 its failure to disqualify the law firm representing CTS Cement Manufacturing Corporation (doing business as CTS Cement Manufacturing Company) and its co-defendants*fn3 (collectively “CTS”),*fn4 and its denial of leave to amend the complaint.*fn5 CTS cross-appeals from the court’s denial of its motion to make the case exceptional and to award attorney fees and sanctions.*fn6 Heartland Cement Sales Company (“Heartland”) supports Ultimax in opposing CTS’s cross-appeal. We affirm in part, dismiss in part, vacate in part, reverse in part, and remand.

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