United States Federal Circuit

In a patent dispute involving rolled food items, dismissal of General Mills' claim for patent infringement against Kraft Foods and a judgment finding a counterclaim abandoned are affirmed where: 1) defendant became the successor to another company's rights under a covenant not to sue from plaintiff before commencing the allegedly infringing activities, and defendant did not lose that status during the period at issue on appeal; and 2) the district court did not abuse its discretion in deeming defendant's counterclaim to have been abandoned.

Appellate Information

• Decided 05/16/2007
• Published 05/16/2007

Judges

• Before BRYSON, Circuit Judge, CLEVENGER, Senior Circuit Judge, and LINN, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ronald J. Schutz, Robins, Kaplan, Miller & Ciresi L.L.P., of Minneapolis, MN, argued for plaintiff-appellant.   With him on the brief was, David P. Swenson, Sang Young A. Brodie, and David B. Zucco.


• For Appellees:
  
• Holly A. Harrison, Sidley Austin LLP, of Chicago, IL, argued for defendant cross-appellant.   With her on the brief was Julie K. Potter.   Of counsel on the brief was Tara C. Norgard, Carlson Caspers Vandenburg & Lindquist P.A., of Minneapolis, MN.