United States Federal Circuit

In litigation stemming from the enforcement of a patent relating to an improved softball and baseball bat design, summary judgment of non-infringement of certain claims of the patent is affirmed where: 1) the district court's claim construction was not erroneous; and 2) the district court correctly concluded that no reasonable jury could find that plaintiff's bats infringed the patent, either literally or under the doctrine of equivalents.

Appellate Information

• Decided 02/06/2008
• Published 02/06/2008

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Julian Wing-Kai Poon, Gibson Dunn & Crutcher, LLP, of Los Angeles, CA, argued for plaintiff-appellee.   On the brief were Wayne M. Barsky and S. Ashlie Beringer.   Of counsel were Aileen Y. Mo, of San Francisco and Miguel A. Estrada, of Washington, DC. Of counsel on the brief were Michael H. Streater, Briggs & Morgan, P.A., of Minneapolis, MN, and Kurt J. Niederluecke, Frederickson & Byron, P.A., of Minneapolis, MN., Michael R. Levinson, Seyfarth Shaw LLP, of Chicago, IL, argued for defendant-appellant.   With him on the brief was Louis S. Chronowski.   Of counsel on the brief was Jeffery A. Key, Key & Associates, of Chicago, IL.