United States Federal Circuit

In a suit alleging infringement of three patents describing pressurized storage containers for fluids used in making semiconductors, judgment of infringement of some claims, unenforceability of two of the patents for inequitable conduct, and invalidity for indefiniteness of other claims is affirmed in part and reversed in part where: 1) one patent was unenforceable for inequitable conduct, but another was not as no intent finding was made as to the withholding of prior art; 2) construction of a claim term was not indefinite; and 3) the court lacked jurisdiction over defendant's cross-appeal.

Appellate Information

• Decided 09/29/2008
• Published 09/29/2008

Judges

• Before LOURIE, BRYSON, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Christopher J. Harnett, Ropes & Gray LLP, of New York, NY, argued for plaintiffs-appellants.   With him on the brief were Herbert F. Schwartz, Steven Pepe, David A. Bergan, Brian P. Biddinger, and Moriah R. Agovino.


• For Appellees:
  
• Matthew D. Powers, Weil, Gotshal & Manges LLP, of Redwood Shores, California, argued for defendants-cross-appellants.   With him on the brief were Timothy E. DeMasi, and Michael B. Eisenberg of New York, NY. Of counsel were Aaron M. Frankel and Theodore J. Mlynar, Kramer, Levin, Naftalis & Frankel LLP, of New York, NY.