United States Federal Circuit

In a patent case involving a product used to treat proximal humeral bone fractures, dismissal of the action based on claim preclusion is reversed and remanded where defendant conceded that the accused devices were not essentially the same, and thus it failed to meet its burden to show that the infringement claim in the prior action was the same as the infringement claim in the present action.

Appellate Information

• Decided 05/13/2008
• Published 05/13/2008

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Paul K. Vickrey, Niro, Scavone, Haller & Niro, of Chicago, Illinois, argued for plaintiff-appellant.   With him on the brief were Robert A. Vitale, Jr., Richard B. Megley, Jr., and Frederick C. Laney.


• For Appellees:
  
• Sharon A. Hwang, McAndrews, Held & Malloy, Ltd., of Chicago, Illinois, argued for defendants-appellees.   With her on the brief was Gregory J. Vogler.