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STX, LLC v. BRINE, INC.

No. 99-1341.

211 F.3d 588 (2000)

STX, LLC, (formerly known as STX, Inc.) Plaintiff-Appellant, v. BRINE, INC., Defendant-Appellee, and Warrior Lacrosse, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 13, 2000.

Attorney(s) appearing for the Case

David J. Cushing, Sughrue, Mion, Zinn, Macpeak, and Seas, PLLC, of Washington, DC, argued for plaintiff-appellant. With him on the brief were James Archibald, and Mitchell Y. Mirviss, Venable, Baetjer & Howard, LLP, of Baltimore, Maryland. Of counsel on the brief were Rudolf E. Hutz and Mary W. Bourke, of Connolly, Bove, Lodge & Hutz, of Wilmington, Delaware.

Ernie L. Brooks, Brooks & Kushman P.C., of Southfield, Michigan, argued for defendant-appellee, Warrior LaCrosse, Inc. With him on the brief were Mark A. Cantor and Frank A. Angileri.

Brian M. Dingman, Nields, Lemack & Dingman, of Westboro, Massachusetts, argued for defendant-appellee, Brine, Inc. With him on the brief were D. Christopher Ohly, Blank, Rome, Comisky & McCauley, LLP, of Baltimore, Maryland.

Before MAYER, Chief Judge, LOURIE and SCHALL, Circuit Judges.

MAYER, Chief Judge.

STX, Inc. appeals the judgment of the United States District Court for the District of Maryland, No. 97-CV-1578, holding on summary judgment that United States Patent No. 5,566,947 ("`947 patent") is invalid under 35 U.S.C. § 102(b). Because we agree with the district court that STX has not raised a genuine issue as to any material fact, and co-appellees are entitled to judgment as a matter of law, we affirm.

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