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WHITTAKER CORP. v. UNR INDUSTRIES, INC.

No. 89-1420.

911 F.2d 709 (1990)

WHITTAKER CORPORATION, BY ITS TECHNIBILT DIVISION, Plaintiff-Appellee, v. UNR INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 14, 1990.

Attorney(s) appearing for the Case

Alex Chartove, Spensley Horn Jubas & Lubitz, of Washington, D.C., argued for plaintiff-appellee. W. Thad Adams, III, Spensley Horn Jubas & Lubitz, of Washington, D.C., of counsel.

John P. Milnamow, Dressler, Goldsmith, Shore, Suther & Milnamow, Ltd., of Chicago, Ill., argued for defendant-appellant. With him on the brief was Karl R. Fink. Also on the brief were James W. Clement, Clement & Ryan, of Chicago, Ill., and Floyd A. Gibson and Blas P. Arroyo, Bell, Seltzer, Park & Gibson, of Charlotte, N.C.

Before FRIEDMAN, Senior Circuit Judge, ARCHER and MAYER, Circuit Judges.

ARCHER, Circuit Judge.

UNR Industries, Inc. (UNR) appeals from the summary judgment granted by the United States District Court for the Western District of North Carolina, No. C-C-88-0110-M (Mar. 22, 1989), holding United States Patent No. Re. 32,453 (the '453 patent) "invalid ... under the `Recapture Rule'" (citing Ball Corp. v. United States, 729 F.2d 1429, 221 USPQ 289 (Fed.Cir.1984)). We reverse and remand.

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