United States Federal Circuit

Summary judgment for defendant of non-infringement of a patent for a trocar, a surgical device, is vacated where there were genuine issues of material fact regarding infringement of the patent given the claim construction adopted by the district court.

Appellate Information

• Decided 05/15/2006
• Published 05/15/2006

Judges

• Before GAJARSA, DYK and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Joseph R. Re, Knobbe, Martens, Olson & Bear, LLP, of Irvine, California, argued for plaintiff-appellant.   With him on the brief were Joseph J. Jennings, Joseph S. Cianfrani, and Mark A. Geier.


• For Appellees:
  
• Fred H. Bartlit, Jr., Bartlit Beck Herman Palenchar & Scott LLP, of Denver, Colorado argued for defendant-appellee.   With him on the brief was Glen E. Summers.   Of counsel on the brief was Donald L. Morrow, Paul Hastings Janofsky & Walker LLP, of Costa Mesa, California.