United States Federal Circuit

Although district court did not err (1) in construing the claims, (2) in granting summary judgment of patent infringement against defendants, or (3) in determining the amount of lost profits, the defendants did not waive their defense of patent invalidity, nor did they waive their invalidity counterclaim concerning a patent that relates to a railroad track fastening system.

Appellate Information

• Decided 02/21/2003
• Published 02/21/2003

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Allen I. Rubenstein,Gottlieb, Rackman & Reisman, P.C., of New York, NY, argued for plaintiffs-appellees.   With him on the brief was Raymond B. Churchill, Jr., Richard R. Johnson, Shook, Hardy & Bacon, L.L.P., of Kansas City, MO, argued for defendants-appellants.   Of counsel was Christopher P. Murphy, Shook, Hardy & Bacon, LLP, of Washington, DC.