United States Federal Circuit

A case or controversy exists as to plaintiff's 2 kW power supply, based on past sales of this device; dismissal as to that product is reversed. On remand, district court must determine whether the Coleman 150 kW power supply was actually used for reactive sputtering such that plaintiff's testing could be characterized as a potentially infringing activity.

Appellate Information

• Decided 04/13/2004
• Published 04/13/2004

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• M. Gabriel McFarland,Evans & McFarland, LLC, of Denver, CO, argued for plaintiff-appellant.   The briefs were submitted by Susan E. Chetlin, Dahl & Osterloth, L.L.P. of Denver, CO, for the appellant.   Of counsel was Bruce E. Dahl.


• For Appellees:
  
• Thomas C. Grimm, Morris, Nichols, Arsht & Tunnell, of Wilmington, DE, argued for defendant-appellee.   With him on the brief were Kristen M. Healey and Sean P. Haney.   Of counsel on the brief was Craig A. Neugeboren, Cooley Godward LLP, of Broomfield, CO.