United States Federal Circuit

The district court erroneously determined that the preamble of a claim directed at heavy-duty truck transmissions was not a limitation of the claim, and when the preamble is treated as limiting the invention, there is no dispute that defendant does not infringe the patent.

Appellate Information

• Decided 03/27/2003
• Published 03/27/2003

Judges

• PROST, Circuit Judge., Before NEWMAN, DYK and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Raphael V. Lupo, McDermott, Will & Emery, of Washington, DC, argued for plaintiff-appellee.   With him on the brief were Donna M. Tanguay, Mark G. Davis, and Natalia V. Blinkova.   Of counsel on the brief were Michael H. King and Keith P. Schoeneberger, Ross & Hardies, of Chicago, IL;  and William H. Mandir, Sughrue, Mion, of Washington, DC., Richard W. McLaren, Jr., Welsh & Katz, Ltd., of Chicago, IL, argued for defendants-appellants.   With him on the brief were Jerold B. Schnayer, Walter J. Kawula, Jr., Daniel R. Cherry, and Philip D. Segrest, Jr. Of counsel was M. Lee Murrah, ArvinMeritor, Inc., of Troy, MI.