High Concrete Structures, Inc. v. New Enterprise Stone and Lime Co., Inc., et al. (Fed. Cir.)
High Concrete Structures, Inc. v. New Enterprise Stone and Lime Co., Inc., et al.
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Federal Circuit, July 29, 2004
Before MAYER, Chief Judge, NEWMAN (opinion) and CLEVENGER, Circuit Judges.
High Concrete Structures, Inc. (”High Concrete”) appeals the decision of the United States District Court for the Eastern District of Pennsylvania granting summary judgment that U.S. Patent No. 5,947,665 (the ‘665 patent) is invalid for failure to comply with the best mode requirement, and consequently not infringed by New Enterprise Stone and Lime Company and Robbins Motor Transportation, Inc. (together “New Enterprise”). Because the district court incorrectly applied the law of best mode, we reverse the summary judgment on this ground, and remand for further proceedings.