United States Federal Circuit

In a suit brought against defendant for infringement of plaintiff's patents relating to window coverings, denial of defendant's motion for preliminary injunction on a counterclaim alleging plaintiff violated the Lanham Act by sending defendant's customers and potential customers certain letters, is affirmed over a claim that plaintiff acted in bad faith when he sent the letters because he knew that a patent which the letters suggested was infringed, was unenforceable. Plaintiff's motion for attorney's fees is denied.

Appellate Information

• Decided 04/08/2008
• Published 04/08/2008

Judges

• KENNELLY, District Judge., Before MICHEL, Chief Judge, BRYSON, Circuit Judge, and KENNELLY, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Lynn J. Alstadt, Buchanan Ingersoll & Rooney PC, of Pittsburgh, PA, argued for plaintiff-appellee.   With him on the brief were Bryan J. Opalko and Ralph G. Fischer., Arne M. Olson, Olson & Hierl, of Chicago, IL, argued for defendant-appellant.   With him on the brief were Joseph M. Kuo and Matthew D. Kellam.