United States Federal Circuit

In a patent infringement claim concerning the production of ethylene oxide, a jury verdict in favor of plaintiff is affirmed; however, the damage award is vacated where the district court improperly excluded defendant's exportation of catalysts in its damages calculation.

Appellate Information

• Decided 10/03/2005
• Published 10/03/2005

Judges

• RADER, Circuit Judge., Before MAYER, RADER, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Harry J. Roper, Jenner & Block LLP, of Chicago, Illinois, argued for plaintiffs-cross appellants.   With him on the brief were David R. Bennett, Aaron A. Barlow, and Raymond N. Nimrod;  Paul M. Smith and Marc A. Goldman, of Washington, DC. Of counsel on the brief was Bruce M. Kanuch, The Dow Chemical Company, of Midland, Michigan.


• For Appellees:
  
• William C. Slusser, Slusser Wilson & Partridge LLP, of Houston, Texas, argued for defendants-appellants.   With him on the brief were Jayme Partridge and Jayne Piana.   Of counsel on the brief were John D. Norris and Richard L. Stanley, Howrey LLP, of Houston, Texas.   Of counsel were Laura F. Jones, Keith Jaasma and Michael E. Wilson, Slusser Wilson & Patridge LLP, of Houston, Texas.