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TORO CO. v. WHITE CONSOL. INDUSTRIES, INC.

No. 00-1561.

266 F.3d 1367 (2001)

The TORO COMPANY, Plaintiff-Appellant, v. WHITE CONSOLIDATED INDUSTRIES, INC. and WCI Outdoor Products, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied November 1, 2001.

Attorney(s) appearing for the Case

Earl D. Reiland, Merchant & Gould P.C., of Minneapolis, Minnesota, argued for plaintiff-appellant. With him on the brief were David K. Tellekson, and Timothy A. Lindquist.

William McGuiness, Fried, Frank, Harris, Shriver & Jacobson, of New York, New York, argued for defendants-appellees. With him on the brief were Pauline L. Wen and Rita M. Odin.

Before NEWMAN, RADER, and LINN, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 1, 2001.

RADER, Circuit Judge.

On remand from this court, the United States District Court for the District of Minnesota granted summary judgment that White Consolidated Industries, Inc. does not infringe The Toro Company's United States Patent No. 4,694,528 (the '528 patent) under the doctrine of equivalents (DOE). Because the district court's summary judgment was improper, this court vacates the judgment and...

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