United States Federal Circuit

Ruling of the International Trade Commission in an action under the Tariff Act involving allegedly infringing imported batteries holding that all of the claims of plaintiff's patent for a type of electrolytic alkaline battery cell were invalid is reversed where it was error to find the claims invalid for claim indefiniteness.

Appellate Information

• Decided 01/25/2006
• Published 01/26/2006

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Randall G. Litton, Price, Heneveld, Cooper, DeWitt & Litton, LLP, of Grand Rapids, Michigan, argued for appellants.   With him on the brief were Eugene J. Rath III and Matthew J. Gipson;  Of counsel on the brief were V. James Adduci II and Maureen F. Browne, Adduci, Mastriani & Schaumberg, L.L.P., of Washington, DC. Of counsel were Michael L. Doane, David F. Nickel, Sarah E. Hamblin and S. Alex Lasher., Kent R. Stevens, of Washington, DC, argued for intervenor PT International Chemical Industrial Co., Ltd., Steven P. Hollman, Hogan & Hartson L.L.P., of Washington, DC, argued for intervenors Golden Power Industries, Ltd., et al.   With him on the brief were Christopher T. Handman, Susan M. Cook and Jessica L. Ellsworth;  Of counsel on the brief were William E. Thomson, Jr., Wei-Ning Yang, Yoncha L. Kundupoglu and Olga Berson, of Los Angeles, California.   Of counsel was Robert B. Wolinsky.


• For Appellees:
  
• Wayne W. Herrington, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee.   With him on the brief was James M. Lyons, General Counsel.   Of counsel was Neal J. Reynolds, Attorney.