United States Federal Circuit

District court erred when it held that plaintiff had not granted purchasers an implied license to practice the invention claimed in a battery pack patent. Because the implied license prevented direct infringement, defendant can not be held to have induced infringement under 35 U.S.C. section 271(b).

Appellate Information

• Decided 05/21/2003
• Published 05/21/2003

Judges

• SCHALL, Circuit Judge., Before MAYER, Chief Judge, SCHALL and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Allen D. Brufsky, Ferrell Schultz Carter Zumpano & Fertel, P.A., of Miami, FL, argued for plaintiff/counterclaim defendant/thirty party defendant-appellee., Stephen R. Risley, Thomas Kayden, Horstemeyer & Risley, L.L.P., of Atlanta, GA, argued for defendant/counterclaimant/third party plaintiff-appellant.   With him on the brief were J. Scott Culpepper and Robert B. Dulaney III.