United States Federal Circuit

A US International Trade Commission decision, finding no infringement of patent claims covering flooring products and methods of joining flooring products, is affirmed where domestic producer plaintiffs cannot prove infringement of properly construed claims.

Appellate Information

• Decided 09/10/2003
• Published 09/10/2003

Judges

• Before MICHEL, RADER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Daniel J. O'Connor,Baker & McKenzie, of Chicago, IL, argued for appellants.   With him on the brief were David I. Roche, Jasmine C. Abdel-khalik, and Shima S. Roy., John M. DiMatteo, Wilkie Farr & Gallagher, LLP, of New York, NY, argued for intervenors Unilin Décor N.V., BHK of America, Meister-Leisten Schulte GmbH, and all other intervenors.   On the brief were Eugene M. Gelernter, of Patterson, Belknap, Webb & Tyler LLP, Art C. Cody, of Wilkie Farr & Gallagher, LLP, and Laura M. Raisty, Adeel A. Mangi, and Daniel Ravicher, Patterson, Belknap, Webb & Tyler LLP, of New York, New York. Of counsel was Cecilia H. Gonzalez, Howrey, Simon Arnold & White, LLP, of Washington, DC. Also on the brief were Edward V. Filardi, Daniel A. DeVito, and Todd J. Tiberi, Skadden Arps Meagher & Flom, LLP, of New York, New York, for intervenor Pergo, Inc. Of counsel were David L. Cohen, Scott D. Lyne, and Douglas R. Nemec, Skadden Arps, etc.   Also on the brief were Douglas V. Rigler, and L. Eden Burgess, Andrews & Kurth, LLP, of Washington, DC;  and Andrew J. Patch, Young & Thompson, of Arlington, Virginia, for intervenor Roysol.   Also on the brief were Ward B. Coe, III, Steven E. Tiller, and Gregory M. Stone, Whiteford, Tayler & Preston, L.L.P., of Baltimore, Maryland, for intervenor Akzenta Paneele + Profile GmbH. Of counsel was Edward H. Kim.


• For Appellees:
  
• Clara Kuehn, Attorney, International Trade Commission, of Washington, DC, argued for appellee.   On the brief were Lyn M. Schlitt, General Counsel;  James M. Lyons, Deputy General Counsel;  and Timothy P. Monaghan, Attorney.   Of counsel were David I. Wilson, Michael Diehl, and Wayne Herrington, Attorneys.