Phillips v. AWH (Fed.Cir.)

April 8, 2004 on 1:57 pm | In Caselaw |

Edward H. Phillips v. AWH Corp, Hopeman Brothers, Inc. and Lofton Corp.
Federal Circuit, April 8, 2004
Phillips appealed from the decision of the district court granting the defendants’ motion for summary judgment of noninfringement of U.S. Patent 4,677,798. Phillips also appealed from the dismissal of his claim of trade secret misappropriation. Federal Circuit panel affirmed. Dyk’s dissent in part points out “[t]he majority decision effectively limits the claims to the preferred embodiment, contrary to our recent decision in Liebel-Flarsheim Co. v. Medrad, Inc., 358 F.3d 898 (Fed. Cir. 2004), and numerous other decisions of this court.”

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