United States Federal Circuit

In a dispute over two patents for tobacco curing processes, judgment of unenforceability of both patents due to inequitable conduct and summary judgment of invalidity of all asserted claims due to indefiniteness are reversed and remanded where: 1) the evidence did not support findings of either deceptive intent or materiality with respect to the inequitable-conduct claims; and 2) a claim term construed by the district court clearly delineated the bounds of claim scope and was therefore not indefinite.

Appellate Information

• Decided 08/25/2008
• Published 08/25/2008

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, SCHALL and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Carter G. Phillips, Sidley Austin LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Eric A. Shumsky and Peter S. Choi. Of counsel on the brief were Richard McMillan, Jr., Clifton S. Elgarten, Mark M. Supko, and Michael I. Coe, Crowell & Moring LLP, of Washington, DC.


• For Appellees:
  
• Richard A. Kaplan, Brinks Hofer Gilson & Lione, of Chicago, Illinois, argued for defendants-appellees.   With him on the brief were Jerold A. Jacover, Ralph J. Gabric, K. Shannon Mrksich, Cynthia A. Homan, and Julie L. Leichtman.