United States Federal Circuit

In a suit claiming infringement of a patent for an artificial knee prosthesis, judgment of noninfringement to which plaintiff stipulated on the basis of the court's construction of a claim term is vacated and remanded where: 1) the plain language of the term required a construction different from the one arrived at by the district court; and 2) plaintiff did not release its infringement claim as part of an earlier settlement agreement.

Appellate Information

• Decided 09/02/2008
• Published 09/02/2008

Judges

• DYK, Circuit Judge., Before DYK and PROST, Circuit Judges, and HOCHBERG, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William L. Mentlik, Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, NJ, argued for plaintiff-appellant.   With him on the brief were Roy H. Wepner and Paul H. Kochanski.   Of counsel on the brief was Joel M. Silverstein, Stern & Kilcullen, LLC, of Roseland, NJ.


• For Appellees:
  
• L. Norwood Jameson, Duane Morris LLP, of Atlanta, GA, argued for defendant-appellee.   With him on the brief were Matthew C. Gaudet, of Atlanta, GA, Anthony J. Fitzpatrick and Christopher S. Kroon, of Boston, MA, and Samuel W. Apicelli, of Philadelphia, PA. Of counsel was Shawn D. Sentilles, Wright Medical Technology, Inc., of Arlington, TN.