United States Federal Circuit

In a suit involving a patent directed toward a wheelchair restraint system that complies with the ADA for use in mass transit vehicles, partial grant of defendant's motion for judgment as a matter of law is affirmed where: 1) plaintiff failed as a matter of law to meet its burden of establishing a functional relationship between passenger seats and the patented restraint system; and 2) the jury properly awarded damages for lost profits on certain of defendant's deliveries which were predicated upon offers to sell the infringing system. Denial of defendant's motion for summary judgment is affirmed on cross-appeal where the district court properly confirmed the jury verdict that the patent is not invalid for public use.

Appellate Information

• Decided 01/29/2008
• Published 01/29/2008

Judges

• MAYER, Circuit Judge., Before MAYER and BRYSON, Circuit Judges, and FOGEL, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Todd R. Dickinson, Fisher & Dickinson, of Ada, Michigan, argued for plaintiff-appellant.   Principal counsel on the brief was Conrad J. Clark, Clark & Brody, of Washington, DC. With him on the brief was Christopher W. Brody.


• For Appellees:
  
• Richard A. Gaffin, Miller, Canfield, Paddock and Stone, P.L.C., of Grand Rapids, Michigan, argued for defendant-cross appellant.   With him on the brief was Catherine T. Dobrowitsky.