United States Federal Circuit

Even though the test data itself may be completely accurate, where an expert witness provides perjured testimony that he witnessed the tests, when in fact he did not, the jury finding of literal infringement is irretrievably tainted and must be set aside.

Appellate Information

• Decided 07/31/2001
• Published 08/03/2001

Judges

• PAULINE NEWMAN, Circuit Judge., Before PAULINE NEWMAN, LOURIE, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Roy E. Hofer,Brinks Hofer Gilson & Lione, of Chicago, Illinois, argued for plaintiff-appellee.   With him on the brief were Allan J. Sternstein, William H. Frankel, and Andrew D. Stover.   Of counsel on the brief were Philip S. Beck and Chris J. Lind, Bartlit Beck Herman Palenchar & Scott, of Chicago, Illinois;  and Joseph V. Colaianni, Patton Boggs, L.L.P., of Washington, DC., James R. Atwood, Covington & Burling, of Washington, DC, argued for defendant-appellant.   With him on the brief were Timothy C. Hester, Thomas W. Krause, and Glen D. Weinstein.   Of counsel on the brief was James F. Davis, Howrey & Simon, of Washington, DC.