United States Federal Circuit

In a patent case involving certain high-pressure mercury vapor discharge lamps, a district court's decision limiting plaintiff-Philips's right of recovery to acts of infringement after the complaint was filed, based on a failure of notice, its claim construction, and its grant of partial summary judgment of noninfringement as to certain accused products, are affirmed in part and reversed in part where: 1) contrary to the ruling below, defendant was properly on notice of potential infringement before the filing of the complaint; 2) claim construction was proper; and 3) the district court erred in concluding that the doctrine of equivalents is foreclosed as to a disputed claim limitation.

Appellate Information

• Decided 11/02/2007
• Published 11/02/2007

Judges

• LINN, Circuit Judge., Before NEWMAN, LOURIE, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Steven H. Reisberg, Wilkie Farr & Gallagher LLP, of New York, NY, argued for plaintiff-appellant.   With him on the brief were John M. DiMatteo, Diane C. Ragosa, and Sean S. Buckley.


• For Appellees:
  
• John B. Pegram, Fish & Richardson, P.C., of New York, NY, argued for defendant-appellee.   With him on the brief were Autumn J.S. Hwang and Jorge M. Torres.