United States Federal Circuit

In a infringement case involving a patent for a chemical solution used during heart surgery, summary judgment finding defendant liable to plaintiffs for willful infringement is vacated and remanded where a certificate of correction plaintiff obtained from the PTO to alter the asserted claims of the patent at issue was invalid. Summary judgment findings that the patent was not invalid and that plaintiff did not commit false marking or false advertisement are affirmed, as well as procedural rulings with respect to defendants' defenses of inequitable conduct and patent misuse.

Appellate Information

• Decided 04/03/2007
• Published 04/03/2007

Judges

• GAJARSA, Circuit Judge., Before SCHALL, GAJARSA, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Brett J. Williamson, O'Melveny & Myers LLP, of Newport Beach, CA, argued for plaintiffs-appellees.   With him on the brief was Nathaniel L. Dilger., Robert J. Veal, Smith, Gambrell & Russell, LLP, of Atlanta, GA, argued for defendants-appellants.   With him on the brief was Brendan E. Squire.