United States Federal Circuit

Judgment of patent infringement is improper where disputes of material fact remain concerning the nature of an accused product, but patents in suit are not invalid for lack of novelty or enablement, and are not unenforceable for inequitable conduct during their prosecution.

Appellate Information

• Decided 08/13/2002
• Published 08/13/2002

Judges

• CLEVENGER, Circuit Judge., Before CLEVENGER, Circuit Judge, PLAGER, Senior Circuit Judge, and BRYSON, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Daniel E. Reidy,Jones, Day, Reavis & Pogue, of Chicago, IL, argued for plaintiff-appellee.   With him on the brief were James R. Daly, Robert C. Micheletto, and Jason G. Winchester, of Chicago, Illinois, and Gregory A. Castanias, of Washington, DC., Scott B. Feder, Lord, Bissell & Brook, of Chicago, IL, argued for defendants-appellants.   With him on the brief were Hugh L. Moore, Keith D. Parr, Hugh S. Balsam, and William A. Rakoczy.