United States Federal Circuit

In a suit alleging patent infringement by defendant's leak-resistant drinking cups, summary judgment for defendant is affirmed where: 1) there was no error in the claim construction of the word "opening" as to one patent; 2) under that construction, summary judgment of noninfringement of the patent was proper; and 3) the district court correctly concluded that a patented device was anticipated, and that the claims at issue were correctly invalidated.

Appellate Information

• Decided 02/23/2007
• Published 02/23/2007

Judges

• NEWMAN, Circuit Judge., Before MICHEL, Chief Judge, NEWMAN and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Morris E. Cohen, of Brooklyn, NY, argued for plaintiff-appellant.   With him on the brief was Eric W. Buether, Goodwin Gruber, LLP, of Dallas, TX. Of counsel was Brian M. Koide, Crowell & Moring, LLP, of Washington DC.


• For Appellees:
  
• Joseph A. Calvaruso, Chadbourne & Parke LLP, of New York, NY, argued for defendants-appellees.   With him on the brief were Kenneth S. Weitzman and Richard Martinelli.