United States Federal Circuit

Summary judgment of noninfringement of a patent was properly granted to defendants. The structure of defendants' ExacTrac device, a patient positioning system used in the administration of radiation therapy, is neither the same nor an equivalent of the corresponding structure of limitation (a) of claim 1.

Appellate Information

• Decided 02/04/2004
• Published 02/04/2004

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jerry R. Selinger,Jenkens & Gilchrist, of Dallas, TX, argued for plaintiff-appellant.   With him on the brief were Timothy G. Ackermann;  and Sharon A. Israel, Jenkens & Gilchrist, of Houston, TX.


• For Appellees:
  
• Jay Reed Campbell, Renner, Otto, Boisselle & Sklar, LLP, of Cleveland, OH, argued for defendants-appellees.   With him on the brief was John J. Del Col.