United States Federal Circuit

Summary judgment for defendants of invalidity of certain patents involving a method of thawing frozen ground is affirmed where the district court correctly determined that a Canadian patent application was a "printed publication," and plaintiff had stipulated that, if that were the case, it would render the patents in suit invalid on the ground of obviousness.

Appellate Information

• Decided 04/20/2006
• Published 04/20/2006

Judges

• Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John B. Lunseth II, Briggs and Morgan, P.A., of Minneapolis, Minnesota, argued for plaintiff-appellant.   With him on the brief was Michael H. Streater.


• For Appellees:
  
• Aaron W. Davis, Patterson, Thuente, Skaar & Christensen, P.A., of Minneapolis, Minnesota, argued for defendant-appellee.   With him on the brief were Randall T. Skaar and Eric H. Chadwick., James Moskal, Warner, Norcross & Judd LLP, of Grand Rapids, Michigan, for defendant.   With him on the brief was Charles E. Burpee.