United States Federal Circuit

In a patent infringement action involving beverage cans, district court's grant of defendant's motion for summary judgment of noninfringement is reversed where plaintiff provided sufficient evidence to prove there is a material issue of fact regarding the function of the annular reinforcing bead. Grant of plaintiff's motion for summary judgment dismissing defendant's counterclaim for infringement based on a failure to mark is reversed where defendant asserted only the method claims of its patent and was thus not required to mark apparatuses used to perform its claimed method.

Appellate Information

• Decided 03/17/2009
• Published 03/17/2009

Judges

Court

• United States Federal Circuit

Counsel