United States Federal Circuit

Summary judgment of noninfringement is affirmed where: 1) one of the allegedly infringing pin-clamps was not made, used, sold or offered for sale after either patent was issued, and 2) one of Appellant's patents was correctly construed to contain a means-plus-function limitation requiring a rotating central post, and the allegedly infringing pin-clamp lacked such a post.

Appellate Information

• Decided 12/15/2008
• Published 12/15/2008

Judges

• RADER, Circuit Judge., Before RADER, SCHALL, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeffrey A. Sadowski, Howard & Howard Attorneys, P.C., of Bloomfield Hills, Michigan, argued for plaintiff-appellant.   With him on the brief were Brad A. Rayle and Melanie T. Frazier.


• For Appellees:
  
• D. Randall Brown, Barnes & Thornburg LLP, of Fort Wayne, Indiana, argued for defendant-appellee.   With him on the brief were Dawn R. Rosemond and Gregory S. Cooper.