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ANDERSON v. INTERNATIONAL ENGINEERING & MFG., INC.

Nos. 98-1062, 98-1063, 98-1064, 98-1065, 98-1066, 98-1067, 98-1068.

160 F.3d 1345 (1998)

Lynn J. ANDERSON and Koronis Parts, Inc., Plaintiffs-Appellants, v. INTERNATIONAL ENGINEERING AND MANUFACTURING, INC., Defendant/Cross-Appellant, and Roetin Industries, Defendant-Appellee, W. Fast-Trac Industries, Defendant-Appellee, Saber, Inc., Defendant-Appellee, Bottom Line Traction Products, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 2, 1998.

Attorney(s) appearing for the Case

Malcolm L. Moore, Moore & Hansen, Minneapolis, Minnesota, argued for plaintiffs-appellants. With him on the brief was Daniel J. Polglaze. Of counsel on the brief was David G. Johnson, of Akin, Minnesota.

Nickolas E. Westman, Westman, Champlin & Kelly, P.A., of Minneapolis, Minnesota, for defendant-appellee, Bottom Line Traction Products, Inc. With him on the brief was Joseph R. Kelly.

Stephen B. Salai, Cumpston & Shaw, Rochester, New York, for defendant-appellee, Roetin Industries. Of counsel was Thomas J. Stueber, Kinney & Lange, of Minneapolis, Minnesota.

James F. Boyle, Nilles & Nilles, South Carolina, argued for defendant-appellee, Saber, Inc.

Joseph N. Hosteny, Niro Scavone, of Chicago, Illinois, for defendant-appellee, W. Fast-Trac Industries.

Owen E. Perry, Reising, Ethington, Learman & McCulloch, of Troy, Michigan, argued for defendant cross-appellant, International Engineering and Manufacturing, Inc. With him on the brief was Francis J. Fodale. Of counsel was John J. Swartz, Swartz & Wilson, of Saginaw, Michigan.

Before NEWMAN, Circuit Judge, SKELTON, Senior Circuit Judge, and MICHEL, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

Lynn J. Anderson and Koronis Parts, Inc. ("Anderson"), owners of reexamined United States Patent No. B1 4,758,055 ("the '055 patent") entitled "Snowmobile Stud," filed suit in the United States District Court for the District of Minnesota, alleging infringement by appellees, five snowmobile track makers. Anderson moved for summary judgment of infringement, and appellees moved for summary judgment of invalidity on the ground that Anderson...

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