United States Federal Circuit

In a patent dispute brought against Microsoft, Nokia and Saitek involving an ergonomic keyboard, summary judgment finding that defendants did not infringe, literally or under the doctrine of equivalents, plaintiff's patents and that the patents were invalid are affirmed in part and reversed in part where: 1) the ruling of no infringement was proper as the district court correctly construed a particular claim limitation; but 2) the trial court misapplied the concept of public use and incorrectly found obviousness due to a terminal disclaimer.

Appellate Information

• Decided 05/29/2007
• Published 05/29/2007

Judges

• RADER, Circuit Judge., Before RADER, DYK, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James L. Buchal, Murphy & Buchal LLP, of Portland, OR, argued for plaintiff-appellant.


• For Appellees:
  
• J. Christopher Carraway, Klarquist Sparkman, LLP, of Portland, OR, argued for defendant-appellee, Microsoft Corporation.   With him on the brief was Jared S. Goff. Of counsel on the brief was Stephen P. McGrath, Microsoft Corporation, of Redmond, WA., Kenneth R. Adamo, Jones Day, of Dallas, TX, argued for defendant-appellee, Nokia Inc. With him on the brief were Michael J. Newton and Daniel T. Conrad.   Also on the brief was Lawrense D. Rosenberg, of Washington, DC., Joseph W. Price, Snell & Wilmer, L.L.P., of Costa Mesa, CA, argued for defendant-appellee, Saitek Industries Ltd.