United States Federal Circuit

A patent infringer's investigation of a patent, even if that investigation ultimately proves to be insufficient, combined with a finding that the case presents a close call in several important respects, makes attorneys' fees under 35 USC 285 inappropriate.

Appellate Information

• Decided 07/10/2001
• Published 07/10/2001

Judges

• RADER, Circuit Judge., Before RADER, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jonathan E. Moskin,Pennie & Edmonds LLP, of New York, NY, argued for plaintiff-cross appellant.   With him on the brief was Lavatus V. Powell.   Of counsel on the brief was Arthur M. Peslak, Mandel & Peslak LLC, of Freehold, NJ.


• For Appellees:
  
• Jeffrey T. Shaw, Jenner & Block, of Chicago, IL, argued for defendant-appellant Yorktowne, Inc. With him on the brief were Arthur Gollwitzer III, and Arthur M. Martin., Richard W. Foltz, Jr., Pepper Hamilton LLP, of Philadelphia, PA, argued for defendant-appellant Conestoga Wood Specialties, Inc. With him on the brief was Michelle S. Waker.