SCALTECH, INC. v. RETEC/TETRA, LLC

Nos. 01-1005, 01-1009.

269 F.3d 1321 (2001)

SCALTECH, INC., Plaintiff-Appellant, v. RETEC/TETRA, LLC., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied December 14, 2001.


Attorney(s) appearing for the Case

Robert M. Hardy, Jr., of Houston, Texas, argued for plaintiff-appellant. Of counsel on the brief was Jeffrey W. Tayon, Conley, Rose & Tayon, P.C. Of counsel was Robert M. Gray, Conley, Rose & Tayon, P.C. of Houston, Texas.

David J. Brody, Hamilton, Brook, Smith & Reynolds, P.C., of Lexington, Massachusetts, argued for defendant-cross appellant. With him on the brief was Deirdre E. Sanders. Of counsel on the brief was Lawrence B. Schreve, Andrews & Kurth L.L.P., of Houston, Texas.

Before RADER, BRYSON and DYK, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 14, 2001.

DYK, Circuit Judge.

This case presents the question whether the claims of U.S. Patent No. 5,443,717 (the "`717 patent") are invalid under 35 U.S.C. § 102(b) because the claimed invention was offered for sale more than one year before the filing of the patent application. We affirm the district court's decision granting summary judgment of invalidity.

BACKGROUND

I. '717 Patent...

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