United States Federal Circuit

In a dispute over an allegedly infringing insect trap, because there was sufficient evidence to support a jury verdict of infringement under the correct interpretation of a claim for the trap's reflective light surface, plaintiff suffered prejudice by the erroneous jury instruction on this claim; verdict of noninfringement on this claim vacated, and remanded for a new trial.

Appellate Information

• Decided 04/03/2002
• Published 04/03/2002

Judges

• Before CLEVENGER, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• J. Derek Vandenburgh,Merchant & Gould P.C., of Minneapolis, MN, argued for plaintiff-appellant.   With him on the brief were Douglas J. Williams and Jonelle R. Witt. Of counsel on the brief was Andrew D. Sorensen, Ecolab Inc., of St. Paul, MN.


• For Appellees:
  
• Keith V. Rockey, Rockey, Milnamow & Katz, Ltd., of Chicago, IL, argued for defendant-cross appellant.   With him on the brief was Kathleen A. Lyons.   Of counsel on the brief was James J. Hill, Emrich & Dithmar, of Chicago, IL.