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KENNECOTT CORP. v. KYOCERA INTERN., INC.

No. 87-1151.

835 F.2d 1419 (1987)

KENNECOTT CORPORATION, Plaintiff-Appellant, v. KYOCERA INTERNATIONAL, INC. and Kyoto Ceramic Co., Ltd., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 22, 1987.

Attorney(s) appearing for the Case

Clyde F. Willian, Willian Brinks Olds Hofer Gilson & Lione, Ltd., Chicago, Ill., argued, for plaintiff-appellant. With him on the brief, were Jack C. Berenzweig and Raymond W. Green.

Paul L. Gardner, Spensly Horn Jubas & Lubitz, Los Angeles, Cal., argued, for defendant-appellee. With him on the brief, were Stuart Lubitz, Saul Epstein and David Henty.

Before MARKEY, Chief Judge, DAVIS, and NEWMAN, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Kennecott Corporation appeals the final judgment of the United States District Court for the Southern District of California,1 in which the district court granted summary judgment to the defendants Kyocera International and Kyoto Ceramic Co., Ltd. (together "Kyocera"), holding that United States Patent No. 4,179,299 ("the '299 patent") is invalid in terms of the "on sale" bar of 35 U.S.C. § 102(b). Kennecott...

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