United States Federal Circuit

In an infringement action concerning a patent for a scale, grant of summary judgment of no literal infringement and denial of defendant's motion for attorney fees are affirmed, but summary judgment of no infringement under the doctrine of equivalents is remanded to decide whether the plaintiff has rebutted the Festo III presumption.

Appellate Information

• Decided 10/17/2003
• Published 10/17/2003

Judges

• GAJARSA, Circuit Judge., Before BRYSON, GAJARSA, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Lynn H. Murray, Grippo & Elden, of Chicago, Illinois, argued for plaintiff-appellant.   With her on the brief was R. David Donoghue.   Of counsel was Laura K. McNally.


• For Appellees:
  
• Michael J. Fink, Greenblum & Bernstein, P.L.C., of Reston, Virginia, argued for defendants-cross appellants.