United States Federal Circuit

In a patent-infringement suit involving catheters used in interventional cardiology, judgments are affirmed in part, reversed in part, and vacated and remanded in part where: 1) patent claim terms were properly construed; 2) one of plaintiff's patents was not invalid for anticipation or obviousness; 3) a permanent injunction was properly denied; 4) defendant waived arguments that it did not infringe certain claims under the court's construction of those claims; 5) substantial evidence supported the jury's findings that defendant's catheter was equivalent to the claimed invention; 6) prosecution history estoppel prevented plaintiff from establishing infringement as to certain claims; and 7) an intervening circuit court decision required a remand for determination of the willfulness of defendant's infringement.

Appellate Information

• Decided 08/18/2008
• Published 08/18/2008

Judges

• GAJARSA, Circuit Judge., Before MAYER, BRYSON, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mitchell G. Stockwell, Kilpatrick Stockton LLP, of Atlanta, GA, argued for plaintiff-cross appellant.   With him on the brief was D. Clay Holloway.   Of counsel was Jacqueline R. Knapp.   Of counsel on the brief was John A. Kenney, McAfee & Taft, of Oklahoma City, OK., Mathias W. Samuel, Fish & Richardson P.C., of Minneapolis, MN, for amicus curiae Boston Scientific Scimed, Inc. With him on the brief were John A. Dragseth and Christian A. Chu.


• For Appellees:
  
• John M. DiMatteo, Willkie Farr & Gallagher LLP, of New York, NY, argued for defendant-appellant.   With him on the brief were Kelsey I. Nix, Diane C. Ragosa, and Adam R. Steinert.   Of counsel on the brief was Constantine L. Trela, Jr., Sidley Austin LLP, of Chicago, IL.