United States Federal Circuit

In a patent dispute, judgment finding that none of four configurations of loading devices manufactured by defendant infringes plaintiff's patent is affirmed where the district court correctly construed the "spacing" element of certain patent claims, and the dispute was sufficiently real and immediate to warrant a declaratory judgment of non-infringement.

Appellate Information

• Decided 05/28/2008
• Published 05/28/2008

Judges

• MAYER, Circuit Judge., Before MAYER and SCHALL, Circuit Judges and YOUNG , District Judge.  MAYER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David M. Gunn, Beck, Redden & Secrest, LLP and B. Todd Patterson, Patterson & Sheridan, LLP, of Houston, TX, argued for plaintiff-appellant.   With them on the brief was Henry M. Pogorzelski Patterson & Sheridan, LLP, of Houston, TX.


• For Appellees:
  
• Dennis D. Murrell, Middleton Reutlinger, of Louisville, KY, argued for defendant-appellee.   With him on the brief was Robert J. Theuerkauf.