United States Federal Circuit

When granting summary judgment of noninfringement of a patent concerning slurry tank structures, the district court erred in construing the claim term "a substantial helical flow path" and in requiring a flow that emanates from the tank center and returns to the center after one rotation.

Appellate Information

• Decided 01/23/2004
• Published 01/23/2004

Judges

• GAJARSA, Circuit Judge., Before LOURIE, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mark W. Hetzler,Fitch, Even, Tabin & Flannery, of Chicago, IL, argued for plaintiff-appellant.   With him on the brief were Jon A. Birmingham and Steven C. Schroer, of Fitch, Even, etc., of Boulder, CO.


• For Appellees:
  
• Robert J. Carlson, Christensen O'ConnorJohnson Kindness PLLC, of Seattle, WA, argued for defendant-cross appellant.   With him on the brief were Ward Brown and Mark P. Walters.