United States Federal Circuit

Where patent holder claims alleged infringer's manufacturing process would infringe its patent, failure of patent holder's expert witness to accurately replicate infringer's process will defeat infringement claim.

Appellate Information

• Decided 11/07/2001
• Published 11/07/2001

Judges

• CLEVENGER, Circuit Judge., Before CLEVENGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Brian V. Slater, Fitzpatrick, Cella, Harper & Scinto, of New York, NY, argued for plaintiff-appellant.   With him on the brief were Robert L. Baechtold, Henry J. Renk, Nicholas N. Kallas, and Douglas Sharrott.   Of counsel on the brief was John J. Francis, Jr., Drinker, Biddle & Shanley, L.L.P., of Florham Park, NJ.


• For Appellees:
  
• F. Dominic Cerrito, Pennie & Edmonds LLP, of New York, NY, argued for defendants-appellees.   With him on the brief were Brian D. Coggio and Jonathan A. Marshall.