United States Federal Circuit

In a patent suit, summary judgment for defendant finding that the asserted claims of certain patents relating to the computer-aided design and manufacture of custom orthodontic appliances were not infringed by defendant's Invisalign process and are invalid is affirmed in part and reversed in part where the court correctly granted summary judgment as to some but not all of the claims of plaintiff's patents. Summary judgment for plaintiff of invalidity on certain cross-claims of defendant's patent relating to the use of a series of individual orthodontic appliances is affirmed as the district court correctly granted summary judgment of invalidity of the specified claims.

Appellate Information

• Decided 08/24/2007
• Published 08/24/2007

Judges

• Before LOURIE and DYK, Circuit Judges, and O'MALLEY, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• David L. DeBruin, Michael, Best & Friedrich, LLP, of Milwaukee, WI, argued for plaintiff/counterdefendant-appellant.   With him on the brief were Charles J. Crueger and Richard H. Marschall., Anne M. Rogaski, Townsend and Townsend and Crew LLP, of Palo Alto, CA, argued for defendant/counterclaimant-cross appellant.   With her on the brief were Daniel J. Furniss, Gary H. Ritchey, and Nancy L. Tompkins.