United States Federal Circuit

In a patent dispute concerning landfill liner technology, denial of defendant's motion for judgment as a matter of law for invalidity is affirmed, however, denial of defendant's motion for a new trial on damages is reversed where the district court erred by permitting plaintiff to claim the lost profits in its damages calculations.

Appellate Information

• Decided 09/14/2004
• Published 09/14/2004

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Jerry R. Selinger, Jenkens & Gilchrist, of Dallas, TX, argued for plaintiff-appellee.   With him on the brief were John C. Eichman and Timothy G. Ackermann., Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendant-appellant.   With him on the brief were Thomas H. Jenkins and Rachel H. Townsend.   Of counsel on the brief were T. Michael Wall, Gardere Wynne Sewell LLP, of Houston, TX;  and David M. Frischkorn, S. Richard Carden and Alison J. Baldwin, McDonell Boehnen Hulbert & Berghoff, of Chicago, IL.