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ROCKWELL INTERN. CORP. v. U.S.

Nos. 97-5065, 97-5068.

147 F.3d 1358 (1998)

ROCKWELL INTERNATIONAL CORPORATION, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee. and SDL, Inc., Third Party Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

June 15, 1998.

Attorney(s) appearing for the Case

Richard S. Florsheim, Foley & Lardner, Milwaukee, WI, argued for plaintiff-appellant. With him on the brief were Bernhard D. Saxe and Larry L. Shatzer, II, Washington, DC.

John Fargo, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, Vito J. DiPietro, Director, and Chun-I Chiang, Attorney.

Michael M. Carlson, Morrison & Foerster LLP, Palo Alto, CA, argued for third party defendant/cross-appellant. With him on the brief were Marc J. Pernick, Palo Alto, CA, and Preston Moore, San Francisco, CA.

Before NEWMAN, MICHEL and CLEVENGER, Circuit Judges.

MICHEL, Circuit Judge.

Rockwell International Corporation ("Rockwell") appeals the decision on summary judgment of the United States Court of Federal Claims in Rockwell International Corp. v. United States, 37 Fed. Cl. 478 (1997), holding all asserted claims of United States Patent No. 4,368,098 (the "'098 patent") invalid for obviousness under 35 U.S.C. § 103(a) (Supp. I 1995). Defendant-appellee, the United States and third-party defendant/cross-appellant...

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