United States Federal Circuit

In patent litigation involving polyaxial screws, summary judgment of infringement of a particular patent claim is reversed where certain redesigned polyaxial screws do not infringe the asserted claims literally or under the doctrine of equivalents. Findings regarding the validity of another claim and infringement of that claim by defendants' original screws are vacated for reconsideration in light of a prior opinion of the circuit court.

Appellate Information

• Decided 03/20/2007
• Published 03/20/2007

Judges

• Before RADER, SCHALL, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Mark A. Finkelstein, Latham & Watkins, LLP, of Costa Mesa, CA, argued for plaintiff-appellee.   With him on the brief were Bruce D. Kuyper and Jordan B. Kushner, of Los Angeles, CA., Dirk D. Thomas, Robins, Kaplan, Miller & Ciresi L.L.P., of Washington, DC, argued for defendants-appellants.   With him on the brief were Robert A. Auchter, André J. Bahou, Jan M. Conlin and Munir R. Meghjee.