United States Federal Circuit

In an infringement action involving a patent concerning pedicle screws and receiver members used in spinal surgeries, summary judgment of non-infringement for defendant regarding a particular model is reversed where the district court erred in construing the scope of a particular term of the patent, and the court erred in limiting application of the doctrine of equivalents. The district court's rulings are otherwise affirmed.

Appellate Information

• Decided 11/20/2006
• Published 11/20/2006

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth R. Adamo, Jones Day, of Dallas, TX, argued for plaintiffs-appellants.   With him on the brief were Calvin P. Griffith, Robert C. Kahrl, and Patrick J. Norton, of Cleveland, OH;  Gregory A. Castanias, of Washington, DC;  and Brian J. Murray, of Chicago, IL.


• For Appellees:
  
• Dirk D. Thomas, Robins, Kaplan, Miller & Ciresi L.L.P, of Washington, DC, argued for defendants-cross appellants.   With him on the brief were Robert A. Auchter and André J. Bahou;  and David E. Marder, of Boston, MA.