United States Federal Circuit
INTERMATIC INC. v. LAMSON & SESSIONS CO., 00-1101, 00-1116
Prosecution history estoppel applies to a claim limitation that was narrowed in order to obtain allowance of a claim during reexamination, despite the fact that the resulting estoppel may retroactively extend to original, unamended claims.
Appellate Information
- Decided 12/17/2001
- Published 12/17/2001
Judges
- Before NEWMAN, LOURIE, and RADER, Circuit Judges.
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Timothy Q. Delaney,Brinks Hofer Gilson & Lione, of Chicago, Illinois argued for plaintiff-cross appellant in 00-1101, -1116 and for plaintiff-appellant in 01-1128. With him on the brief were John K. Lucas, Harold V. Johnson, and Mark H. Remus.
- For Appellees:
- Kenneth R. Adamo, Jones, Day, Reavis & Pogue, of Cleveland, OH, argued for defendant-appellant in 00-1101, -1116, and for defendant-appellee in 01-1028. With him on the brief were Timothy J. O'Hearn, Calvin P. Griffith, and Thomas R. Goots. Of counsel on the brief were Gregory A. Castanias, Lawrence D. Rosenberg, and Michael S. Fried, Jones, Day, Reavis & Pogue, of Washington, DC.