United States Federal Circuit

In a patent infringement action, summary judgment for defendant is vacated and remanded where: 1) the district court properly construed the term "calculating surrender value protected investment credits" to mean the difference between the market value and the book value of the protected investment; 2) a remand was required for a determination of whether the claims should be construed to require an administering or managing limitation; 3) defendant's motion for discovery should have been granted since it was not afforded a reasonable opportunity to conduct any discovery; and 4) the court erred in determining that defendant had failed to raise a dispute of material fact with respect to infringement.

Appellate Information

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

Judges

• DYK, Circuit Judge., Before MAYER, DYK, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Joseph R. Guerra, Sidley Austin LLP, of Washington, DC, argued for plaintiff-appellee.   With him on the brief was Robert A. Parker., Charles K. Verhoeven, Quinn Emanuel Urquhart Oliver & Hedges, LLP, of San Francisco, California, argued for defendants-appellants.   With him on the brief were David A. Perlson;  and Patrick M. Shields and William A. Morehead, of Los Angeles, California.