United States Federal Circuit

Summary judgment of non-infringement is reversed as to plaintiff's patented kit, used to produce a calcium phosphate composition for repair of bones or teeth. Defendant's kit contains the same chemicals; infringement is not avoided by its inclusion of a spatula, which is irrelevant to the invention.

Appellate Information

• Decided 04/06/2004
• Published 04/06/2004

Judges

• PAULINE NEWMAN, Circuit Judge., Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Brian M. Poissant,Pennie & Edmonds, LLP, of New York, NY, argued for plaintiff-appellant.   With him on the brief were Daniel L. Malone and Eric C. Stops.   Of counsel was Carl Bretscher, Pennie & Edmonds LLP, of Washington, DC.


• For Appellees:
  
• Gregory J. Vogler, McAndrews, Held & Mallow, Ltd., of Chicago, IL, argued for defendant-cross appellant.   With him on the brief were Timothy J. Malloy, Sandra A. Frantzen, and John L. Abramic.