United States Federal Circuit

In a patent dispute involving a patent directed to a surgical method for removing a claw from a domesticated cat, a judgment holding that certain claims were invalid as indefinite under 35 U.S.C. section 112, paragraph 2, and summary judgment finding that the patent was unenforceable by reason of inequitable conduct are reversed where: 1) the term "near" is not indefinite; and 2) no inequitable conduct occurred during the reexamination of the patent at issue.

Appellate Information

• Decided 06/27/2007
• Published 06/27/2007

Judges

• LOURIE, Circuit Judge., Before LOURIE, PROST, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard W. Hoffmann, Warn Hoffmann Miller & LaLone PC, of Auburn Hills, Michigan, argued for plaintiff-appellant.   With him on the brief was Jason H. Foster, Kremblas Foster Phillips & Pollick, of Reynoldsburg, OH.


• For Appellees:
  
• David A. Loewenstein, Pearl Cohen Zedek Latzer LLP, of New York, NY, argued for defendant-appellee.   With him on the brief were Clyde A. Shuman and Nathaniel B. Buchek.