United States Federal Circuit

The district court's dismissal of an infringement suit, for a patent relating to tire manufacture, is affirmed where plaintiff's infringement claim was a compulsory counterclaim under Fed. R. Civ. P. 13(a) in prior litigation and plaintiff waived the claim by not asserting it in the prior action.

Appellate Information

• Decided 10/20/2003
• Published 10/20/2003

Judges

• RADER, Circuit Judge., Before NEWMAN, MICHEL, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Joseph Decker,Gefsky & Lehman, P.C., of Pittsburgh, PA, argued for plaintiffs-appellants.


• For Appellees:
  
• Regan J. Fay, Jones, Day, Reavis & Pogue, of Cleveland, OH, argued for defendant-appellee.   With him on the brief was Jenny L. Sheaffer;  and Gregory A. Castanias, Jones, Day, Reavis, & Pogue, of Washington, DC.