United States Federal Circuit

In an infringement suit over a patent describing a system for tracking articles such as semiconductor wafers in a manufacturing facility, judgment as a matter of law of invalidity due to obviousness is affirmed where: 1) a prior patent disclosed the same "sensing means" as plaintiff's patent; 2) the invention obtained in plaintiff's patent would hav been obvious to a person of ordinary skill in the art; and 3) a change in claim construction resulting from decisions on prior appeals was grounds for defendant to amend its defenses.

Appellate Information

• Decided 10/10/2008
• Published 10/10/2008

Judges

• BRYSON, Circuit Judge., Before MICHEL, Chief Judge, NEWMAN, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Darryl M. Woo, Fenwick & West, LLP, of San Francisco, CA, argued for plaintiff-appellant.   With him on the brief were Michael J. Sacksteder, and David D. Schumann;  and Joseph S. Belichick, Fenwick & West, LLP, of Mountain View, California.


• For Appellees:
  
• Daniel T. Shvodian, Howrey LLP, of East Palo Alto, CA, argued for defendants-appellees.   With him on the brief were James F. Valentine;  and Floyd R. Nation and Richard L. Stanley, of Houston, Texas.