PALL CORP. v. MICRON SEPARATIONS, INC.

Nos. 91-1393, 91-1394 and 91-1409.

66 F.3d 1211 (1995)

PALL CORPORATION, Plaintiff/Cross-Appellant, v. MICRON SEPARATIONS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 24, 1995.


Attorney(s) appearing for the Case

H. Michael Hartmann, Leydig, Voit & Mayer, Chicago, IL, argued, for plaintiff/cross-appellant. With him on the brief were Mark E. Phelps, Paul J. Korniczky, Bruce M. Gagala and Jeffrey S. Ward. Also on the brief was George P. Field, Boston, MA.

Steven M. Bauer, Testa, Hurwitz & Thibeault, Boston, MA, argued, for defendant-appellant. With him on the brief were Mark Schonfeld and Loletta L. Darden. Also on the brief was Robert M. Ward, Allegretti & Witcoff, Boston, MA.

Roy E. Hofer, President, Federal Circuit Bar Association, Washington, DC, Anne E. Brookes, Honegman, Miller, Schwartz & Cohen, Houston, TX and Robert J. Carlson, Christensen, O'Connor, Johnson & Kindness, Seattle, WA, were on the brief, for amicus curiae, Federal Circuit Bar Association.

R. Carl Moy, Assistant Professor, William Mitchell College of Law, Saint Paul, MN, was on the brief, for amicus curiae, R. Carl Moy.

Donald Chisum, Morrison & Foerster, Seattle, WA, William Alsup, Morrison & Foerster, San Francisco, CA, Gregory A. Long and Kent R. Raygor, Sheppard, Mullin, Richter & Hampton, Los Angeles, CA, Charles Fried and Arthur Miller, Cambridge, MA, were on the brief, for amicus curiae, Acuson Corporation and Honeywell, Inc.

S. Leslie Misrock, Rory J. Radding and Steven I. Wallach, Pennie & Edmonds, New York City, were on the brief, for amicus curiae, Ad Hoc Committee to Promote Uniformity in the Patent System.

Roger W. Parkhurst, Parkhurst, Wendel & Rossi, Alexandria, VA, Harold C. Wegner, Wegner, Cantor, Mueller & Player, Washington, DC, Nancy J. Linck, Cushman, Darby & Cushman, Washington, DC, and Gary L. Newtson, President, American Intellectual Property Law Association, Arlington, VA, were on the brief, for amicus curiae, American Intellectual Property Law Association.

Before RICH, PAULINE NEWMAN, and MAYER, Circuit Judges.


PAULINE NEWMAN, Circuit Judge.

Both parties appeal aspects of the judgment of the United States District Court for the District of Massachusetts,1 wherein Micron Separations, Inc. ("MSI") was adjudged to have infringed a patent owned by Pall Corporation ("Pall") relating to polyamide membranes that are used in microfiltration. We affirm the judgment of infringement, reverse as to willful infringement...

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