United States Federal Circuit

In a patent infringement suit involving claims for an improved spring-loaded parallelogram stilt of the type commonly used in construction, district court's judgment is affirmed in part, vacated in part, and remanded where: 1) the district court did not clearly err in finding that plaintiff had the requisite knowledge to falsely mark as of a particular date; 2) because the district court's construction of the statute was wrong, an award of $500 in penalties for a single offense of false marketing is vacated and remanded for recalculation of fines under 35 U.S.C. section 292; and 3) the district court's denial of defendant's attorney fees is affirmed.

Appellate Information

• Decided 12/28/2009
• Published 12/28/2009

Judges

Court

• United States Federal Circuit

Counsel