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TRINTEC INDUSTRIES, INC. v. TOP-U.S.A. CORP.

No. 01-1568.

295 F.3d 1292 (2002)

TRINTEC INDUSTRIES, INC., Plaintiff-Appellant, v. TOP-U.S.A. CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 2, 2002.

Attorney(s) appearing for the Case

Robert A. Vanderhye, Nixon & Vanderhye P.C., of Arlington, VA, argued for plaintiff-appellant.

David P. Shouvlin, Porter, Wright, Morris, & Arthur, LLP, of Columbus, OH, argued for defendant-appellee. On the brief was David W. Costello. Of counsel was Richard M. Mescher.

Before MAYER, Chief Judge, RADER, and GAJARSA, Circuit Judges.

RADER, Circuit Judge.

On summary judgment, the United States District Court for the Southern District of Ohio found Trintec Industries, Inc.'s United States Patent No. 5,818,717 ('717 patent) invalid as inherently anticipated. Trintec, Indus. v. Top-U.S.A. Corp., No. C-2-99-1179 (S.D.Ohio Jun. 19, 2001). Because the '717 patent is not inherently anticipated, this court vacates and remands.

I.

Trintec is the assignee of the '717 patent. The...

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