United States Federal Circuit

LACKS INDUS., INC. v. MCKECHNIE VEHICLE COMPONENTS USA, INC., 01-1371, 01-1395, 01-1396

Read LACKS INDUS., INC. v. MCKECHNIE VEHICLE COMPONENTS USA, INC., 01-1371, 01-1395, 01-1396
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Because the Special Master applied an incorrect legal standard, his findings, that claims in a cladded automotive wheel patent were invalid because of plaintiff's pre-critical date sales promotion activities, are vacated.

Appellate Information

Decided 03/13/2003
Published 03/13/2003

Judges

Before NEWMAN, MICHEL and CLEVENGER, Circuit Judges.

Court

United States Federal Circuit

Counsel

For Appellant:
David W. Wicklund,Shumaker, Loop & Kendrick, LLP, of Toledo, OH, argued for plaintiff-appellant. With him on the brief was Jeffrey S. Creamer. Of counsel on the brief was Remy J. VanOphem, VanOphem & VanOphem, P.C., of Troy, MI.

For Appellees:
J. Michael Huget, Butzel Long, of Ann Arbor, Michigan, argued for defendant-cross appellant McKechnie Vehicle Components USA, Inc. (doing business as Thompson International). With him on the brief was John C. Blattner., Stephen E. Glazek, Barris, Sott, Denn & Driker, PLLC, of Detroit, MI, for defendant-cross appellant Hayes Wheel International, Inc. (now known as Hayes Lemmerz International, Inc.) Of counsel on the brief was William J. Clemens, MacMillan, Sobanski & Todd, LCC, of Livonia, MI. Of counsel was Kathryn A. Viviano, Barris, Sott, Denn & Driker, PLLC, of Detroit, MI.