United States Federal Circuit

Denial of defendant's motion for relief from judgment in favor of plaintiff in a patent and contract case is affirmed in part and vacated in part where, although the district court did not err in denying defendant's request under Federal Rule of Civil Procedure 60(b)(2), it erred in failing to address whether plaintiff's use of financial statements containing false information at trial constituted -fraud, misrepresentation, or other misconduct- for purposes of Rule 60(b)(3).

Appellate Information

• Decided 08/07/2006
• Published 08/07/2006

Judges

• DYK, Circuit Judge., Before LINN, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• John E. Anding, Drew, Cooper & Anding, of Grand Rapids, Michigan, argued for plaintiffs-appellees.   With him on the brief was Thomas V. Hubbard.   Of counsel on the brief was Richard W. McLaren, Jr., Welsh & Katz, Ltd., of Chicago, Illinois., Peter G. Greene, Skadden, Arps, Slate, Meagher & Flom LLP, of New York, New York, argued for defendant-appellant.   With him on the brief was Cyrus Amir-Mokri.   Of counsel on the brief was William H. Horton, Cox, Hodgman & Giarmarco, P.C., of Troy, Michigan.