AIR TURBINE TECHNOLOGY, INC. v. ATLAS COPCO AB

No. 04-1387.

410 F.3d 701 (2005)

AIR TURBINE TECHNOLOGY, INC., Plaintiff-Appellant, v. ATLAS COPCO AB, Atlas Copco Tools AB, Atlas Copco North America, Inc., and Atlas Copco Tools, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 7, 2005.


Attorney(s) appearing for the Case

Richard L. Horn, Akerman Senterfitt, of West Palm Beach, Florida, argued for plaintiff-appellant. With him on the brief was Philip M. Burlington, of West Palm Beach, Florida.

William P. Atkins, Pillsbury Winthrop LLP, of McLean, Virginia, argued for defendants-appellees. With him on the brief were Scott J. Pivnick, Guillermo E. Baeza, and Benjamin L. Kiersz.

Before LOURIE, SCHALL, and PROST, Circuit Judges.


SCHALL, Circuit Judge.

Air Turbine Technology, Inc. ("ATT") is the owner of United States Patent No. 5,439,346 ("the '346 patent"). ATT sued Atlas Copco AB ("ACAB"), Atlas Copco Tools AB ("ACTAB"), Atlas Copco North America, Inc., and Atlas Copco Tools, Inc. (collectively, "Atlas") in the United States District Court for the Southern District of Florida for infringement of the '346 patent, for violation of the Lanham Act...

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