United States Federal Circuit

A dismissal ruling and summary judgment finding infringement of a patent in favor of plaintiffs and an award of damages using a 29.2% royalty rate, including sales of the alleged infringing goods by both defendant and another party in the royalty base, is affirmed in part and reversed in part where the trial court erred by dismissing plaintiff's willful infringement claim and including another company's sales in the royalty base, but rendered a proper judgment in all other respects.

Appellate Information

• Decided 09/05/2007
• Published 09/05/2007

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Darle M. Short, Oliff & Berridge, PLC, of Alexandria, Virginia, argued for plaintiffs-cross appellants.   With him on the brief was James A. Oliff.   Of counsel were Vu Q. Bui and Kirk M. Hudson.


• For Appellees:
  
• Marc S. Friedman, Sills Cummis Epstein & Gross P.C., of New York, New York, argued for defendant-appellant.   Of counsel was Mark J. Rosenberg.