United States Federal Circuit

In a patent dispute concerning material for garments, summary judgment of noninfringement in favor of defendant is reversed where the district court improperly determined that prosecution history estoppel barred plaintiff from asserting infringement under the doctrine of equivalents.

Appellate Information

• Decided 08/19/2005
• Published 08/19/2005

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jack A. Wheat, Stites & Harbison, of Louisville, Kentucky, argued for plaintiff-appellant.   With him on the brief was Joel T. Beres.   Of counsel on the brief were Richard S. Myers, Jr., James R. Michels and Alexandra T. MacKay, of Nashville, Tennessee.


• For Appellees:
  
• James A. DeLanis, Baker Donelson Bearman Caldwell & Berkowitz, P.C., of Nashville, Tennessee, argued for defendant-appellee.   With him on the brief was W. Edward Ramage.