United States Federal Circuit

Summary judgment for defendant is affirmed where the district court properly determined that defendant did not owe plaintiff a contingent payment under a Release and License Agreement that had settled a previous patent infringement suit between the parties.

Appellate Information

• Decided 04/21/2006
• Published 04/21/2006

Judges

• CLEVENGER, Senior Circuit Judge., Before RADER, Circuit Judge, CLEVENGER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• G. Donald Puckett, Monts & Ware LLP, of Dallas, Texas, argued for plaintiff-appellant.   With him on the brief was Brent N. Bumgardner.   Of counsel was Mark William Born, of Austin, Texas.


• For Appellees:
  
• Karl L. Mulvaney, Bingham McHale LLP, of Indianapolis, Indiana, argued for defendant-appellee.   With him on the brief was David O. Tittle.   Of counsel on the brief were Joy M. Soloway, E. Lee Haag, and Andrew P. Price, Fulbright & Jaworski L.L.P., of Houston, Texas;  and Richard A. Huser and Meggan L. Ehret, Thomson Inc., of Indianapolis, Indiana.