United States Federal Circuit

In action alleging infringement of several of plaintiff's patents related to snowplow mounting assemblies: 1) summary judgment of non-infringement of claim 45 of the '700 Patent is reversed because the district court applied an erroneous claim construction; 2) the denial of a permanent injunction against continued infringement of the '978 Patent is reversed and remanded for entry of a permanent injunction consistent with this opinion; 3) the district court’s ongoing royalty rate for the '530 Patent and the '978 Patent is vacated and remanded, to establish a new pre-injunction ongoing royalty rate consistent with this opinion; and 4) because the '530 patent has expired, any permanent injunction as to this patent is now moot, and the ongoing royalty ceases to apply after the date of expiration.

Appellate Information

• Decided 05/21/2013
• Published 05/21/2013

Judges

• RADER

Court

• United States Federal Circuit

Counsel