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United States Federal Circuit


Ball Aerosol & Specialty Container, Inc. v. Ltd. Brands, Inc., 2008-1333

In a patent case brought against defendants including Bath & Body Works involving a candle tin with a removable cover that also acts as a base for the candle holder, summary judgment of validity and infringement, an award of damages, and a denial of a motion for reconsideration is reversed where the district court erred as a matter of law in failing to find two claims of the patent at issue to have been obvious, and in finding infringement of those claims.

Appellate Information

  • Decided 02/09/2009
  • Published 02/09/2009

Judges

  • LOURIE, Circuit Judge., Before LOURIE, CLEVENGER, and LINN, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellees:
  • McPherson D. Moore, Polster, Lieder, Woodruff & Lucchesi, L.C., of St. Louis, MO, argued for plaintiff-appellee.   With him on the brief were Douglas D. Churovich and William B. Cunningham, Jr., Gregory A. Castanias, Jones Day, of Washington, DC, argued for defendant-appellant.   With him on the brief were Luke, A. Sobota and Marc S. Blackman, Jones Day, of Chicago, IL;  and John F. Ward, David M. Hill and Michael J. Zinna, Ward & Olivo, of New York, NY.
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