United States Federal Circuit

Summary judgment for defendants of invalidity of a reissue patent relating to patient infusion systems for use with magnetic resonance imaging systems is reversed and remanded where the defect that formed the basis for the reissue patent was the type of defect that can be corrected under 35 U.S.C. section 251.

Appellate Information

• Decided 10/16/2006
• Published 10/18/2006

Judges

• Before MICHEL, Chief Judge, ARCHER, Senior Circuit Judge, and LINN, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• W. Thomas McGough, Jr., Reed Smith LLP, of Pittsburgh, PA, argued for plaintiff-appellant.   On the brief were Robert J. Walters and Charles Hawkins, Sutherland Asbill & Brennan, LLP, of Washington, DC. Of counsel on the brief were Frederick H. Colen and Barry J. Coyne, Reed Smith LLP, of Pittsburgh, PA;  and Arthur Wineburg, Akin Gump Strauss Hauer & Feld, LLP, of Washington, DC. Of counsel was Gregory L. Bradley, Medrad, Inc., of Indianola, PA.


• For Appellees:
  
• J. Robert Chambers, Wood, Herron & Evans, L.L.P, of Cincinnati, OH, argued for defendants-appellees.   With him on the brief was Theodore R. Remaklus.