Golden Blount, Inc. v. Robert H. Peterson, Co. (Fed. Cir.)
April 20, 2004 on 6:25 pm | In Caselaw |Golden Blount, Inc. v. Robert H. Peterson, Co.
Federal Circuit, April 19, 2004
Peterson appealed from the final District Court judgment which concluded that: (1) Peterson infringed certain claims of U.S. Patent No. 5,988,159, owned Blount; (2) Peterson’s infringement was willful; (3) prosecution history estoppel did not preclude the application of the doctrine of equivalents; (4) the ’159 patent was not invalid; and (5) the case was exceptional, warranting the award of attorneys’ fees. The district court also determined that Blount was entitled to lost profit damages.
“Because the district court did not provide findings of fact to support a conclusion of infringement, as required by Rule 52(a) of the Federal Rules of Civil Procedure, the judgment is vacated-in-part and remanded. However, because Peterson has not shown invalidity by clear and convincing evidence, we affirm that portion of the judgment. Finally, we find no evidence of Peterson raising the issue of inequitable conduct before the district court, and therefore conclude that that argument has been waived.”
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