United States Federal Circuit

In a suit alleging infringement of two patents for storing and displaying footwear for customer self-service, summary judgment of non-infringement of one patent and no liability for damages for past infringement of both patents is vacated and remanded where: 1) the finding of non-infringement was based on incorrect construction of claims; and 2) patent infringement is a strict liability offense, and an infringer's reasonable steps and good faith efforts to cease infringing activity are insufficient to avoid damages.

Appellate Information

• Decided 08/19/2008
• Published 08/19/2008

Judges

• MAYER, Circuit Judge., Before MAYER, SCHALL and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Theodore R. Remaklus, Wood, Herron & Evans, L.L.P., of Cincinnati, OH, argued for plaintiffs-appellants.


• For Appellees:
  
• JoAnna M. Esty, Venable LLP, of Los Angeles, CA, argued for defendant-appellee.