United States Federal Circuit

In a patent dispute involving technology for crash sensing devices for deployment in an occupant protection apparatus, such as an airbag, during an impact or crash involving the side of a vehicle, summary judgment of invalidity of certain claims in a patent is affirmed as the asserted claims were invalid for lack of enablement. An appeal and a cross-appeal of summary judgment rulings on infringement are thus moot.

Appellate Information

• Decided 09/06/2007
• Published 09/06/2007

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Michael H. Baniak, McDonnell Boehnen Hulbert & Berghoff LLP, of Chicago, Illinois, argued for plaintiff/counterclaim defendant-appellant.   Of counsel on the brief was Andrew Kochanowski, Sommers Schwartz, P.C., of Southfield, Michigan.   Of counsel was Michael D. Gannon., Kenneth A. Gallo, Paul, Weiss, Rifkind, Wharton & Garrison LLP, of Washington, DC, argued for defendants/counterclaimants-appellees, Daimlerchrysler Corporation, et al., and counterclaimants defendants-appellees Siemens AG, et al.   Of counsel on the brief were Drew M. Wintringham III and Mark W. Rueh, Clifford Chance U.S. LLP, of New York, New York., Charles W. Shifley, Banner & Witcoff, Ltd., of Chicago, Illinois, for counterclaimant defendant-appellee, Delphi Automotive Systems, and defendant/counterclaimant-appellee, General Motors Corporation.   With him on the brief were Binal J. Patel and Theodore L. Field., John J. Feldhaus, Foley & Lardner, LLP, of Washington, DC, argued for defendant/counterclaimant-cross appellant, Nissan North America, and counterclaimant defendant-cross appellant, Calsonic Kansei Corporation.   With him on the brief were Pavan K. Agarwal and Mary M. Calkins.