United States Federal Circuit

In plaintiff's suit for infringement of its patents, related to a system that uses a fixed laser to create a series of microscopic spots on the surface of gemstones, district court's judgment in favor of the defendants is affirmed in part, vacated in part, and remanded where: 1) district court's grant of summary judgment of no literal infringement and the jury verdict of non-infringement under the doctrine of equivalents of claim 1 and 7 of '351 patent are vacated; 2) jury verdict of invalidity and non-infringement of claim 18 of the '351 patent is affirmed; 3) jury verdict of non-infringement of the disputed claims of the '938 patent is affirmed; and 4) the district court's findings of inequitable conduct, exceptional case, and the award of attorney's fees are vacated.

Appellate Information

• Decided 12/22/2010
• Published 12/22/2010

Judges

• LINN

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• DEANNE E. MAYNARD, IRA J. SCHAEFER