United States Federal Circuit

The district court erred in holding plaintiff's aeration-method patent (No. 5,207,168) to be "valid"; the court did not construe this patent, did not properly analyze inherent anticipation, and improperly foreclosed defendant from litigating its other invalidity defenses. The district court decision is otherwise affirmed.

Appellate Information

• Decided 01/20/2004
• Published 01/20/2004

Judges

• MICHEL, Circuit Judge., Before MICHEL, LOURIE, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Earl D. Reiland,Merchant & Gould P.C., of Minneapolis, MN, argued for plaintiff-cross appellant.   With him on the brief were Alan W. Kowalchyk and Anthony R. Zeuli.


• For Appellees:
  
• Keith V. Rockey, Wallenstein Wagner & Rockey, Ltd., of Chicago, IL, argued for defendant-appellant.   With him on the brief were Thomas C. Elliott, Jr. and Kathleen A. Lyons.   Of counsel on the brief were Charles T. Graham and Michael W. Mihm, Deere & Company, of Moline, IL. Also of counsel on the brief was Michael R. Cunningham, Gray, Plant, Mooty, Mooty & Bennett, of Minneapolis, MN.