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MASCO CORP. v. U.S.

No. 01-5107.

303 F.3d 1316 (2002)

MASCO CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Mosler, Inc. and Hamilton Products Group, Inc., Third Party Defendants, and Mas-Hamilton Group, Inc., Third Party Defendants.

United States Court of Appeals, Federal Circuit.

Decided: August 28, 2002.

Attorney(s) appearing for the Case

Michael D. Harris, Oppenheimer Wolff & Donnelly LLP, of Los Angeles, CA, argued for plaintiff-appellant. With him on the brief were Christopher Darrow and Charles Rosenberg.

John J. Fargo, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; Vito J. DiPietro, Director, and Robert G. Hilton, Attorney.

Before NEWMAN, CLEVENGER, and LINN, Circuit Judges.

LINN, Circuit Judge.

Masco Corporation ("Masco") appeals from the judgment of the Court of Federal Claims holding, on cross-motions for summary judgment, that the United States had not infringed the claims of U.S. Patents Nos. 5,540,068 and 5,778,711, directed to an electronic dial combination lock. Masco Corp. v. United States, 49 Fed. Cl. 337, 59 USPQ2d 1036 (Fed.Cl.2001) ("Masco Corp."). We conclude that the court erred in construing the "transmitting...

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