United States Federal Circuit

Summary judgment of non-infringement in a patent case holding that infringement had not been shown since each of certain alleged "points of novelty" of a patented design was disclosed in prior art is affirmed over a claim that the combination in the patent of the many non-novel "points of novelty" itself was an additional "point of novelty."

Appellate Information

• Decided 02/22/2006
• Published 02/22/2006

Judges

• FRIEDMAN, Senior Circuit Judge., Before MICHEL, Chief Judge, FRIEDMAN, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Roberta Jacobs-Meadway, Ballard Spahr Andrews & Ingersoll, LLP, of Philadelphia, Pennsylvania, argued for plaintiff-appellant.   With her on the brief were Lynn E. Rzonca and Corey Field.


• For Appellees:
  
• Philip J. Moy, Jr., Fay, Sharpe, Fagan, Minnich & McKee, LLP, of Cleveland, Ohio, argued for defendants-appellees.   With him on the brief was Jude A. Fry.