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MOBA, B.V. v. DIAMOND AUTOMATION, INC.

Nos. 01-1063, 01-1083.

325 F.3d 1306 (2003)

MOBA, B.V., Staalkat, B.V., and FPS Food Processing Systems, Inc., Plaintiffs-Cross Appellants, v. DIAMOND AUTOMATION, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied April 25, 2003.

Attorney(s) appearing for the Case

Jon A. Baughman, Pepper Hamilton LLP, of Philadelphia, PA, argued for plaintiffs-cross appellants. With him on the brief were Erik N. Videlock and Nicole D. Galli. Of counsel on the brief were Marvin Petry and Linda R. Poteate, Larson & Taylor, of Alexandria, VA.

Albert J. Breneisen, Kenyon & Kenyon, of New York, NY, argued for defendant-appellant. With him on the brief were John W. Bateman and Sheila Mortazavi.

Before RADER, SCHALL, and BRYSON, Circuit Judges.

Opinion for the court filed PER CURIAM. Concurring opinion filed by Circuit Judges RADER, and BRYSON.

PER CURIAM.

At trial, a jury in the United States District Court for the Eastern District of Pennsylvania found that Moba, B.V., Staalkat, B.V., and FPS Food Processing Systems, Inc. (collectively FPS) did not infringe patents assigned to Diamond Automation, Inc. (Diamond). See Moba, B.V. v. Diamond Automation, Inc., No. 95-CV-2631, 2000 U.S. Dist....

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