United States Federal Circuit

In a suit for infringement of a patent related to a synthetic mulch that is colored with a water based acrylic colorant to imitate natural mulch, district court's judgment is affirmed in part, reversed in part, and remanded where: 1) district court erred by invalidating a patent; 2) the district court erred by dismissing defendant's trademark claims; 3) the district court abused its discretion by precluding all damages evidence for the Lanham Act counterclaims; and 4) the district court's holding with respect to counterclaims of noninfringement and invalidity of the mark is affirmed as there was no case or controversy.

Appellate Information

• Decided 09/07/2010
• Published 09/07/2010

Judges

• LOURIE

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Joe D. Jacobson, Ronald D. Foster