ELECTROMOTIVE DIV. GEN. MOTORS v. TRANSP. SYSTEMS

No. 04-1412.

417 F.3d 1203 (2005)

ELECTROMOTIVE DIVISION OF GENERAL MOTORS CORPORATION, Plaintiff-Appellant, v. TRANSPORTATION SYSTEMS DIVISION OF GENERAL ELECTRIC COMPANY, Defendant-Appellee, and Daido Industrial Bearings, LTD., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 28, 2005.


Attorney(s) appearing for the Case

Ernie L. Brooks, Brooks Kushman P.C., of Southfield, Michigan, argued for plaintiff-appellant. With him on the brief were Frank A. Angileri and Thomas W. Cunningham.

Martin R. Lueck, Robins, Kaplan, Miller & Ciresi L.L.P., of Minneapolis, Minnesota, argued for defendant-appellee Transportation Systems Division of General Electric Company. With him on the brief was Jan M. Conlin. Of counsel on the brief were David P. Swenson, of Washington, DC, and David G. Mangum, C. Kevin Speirs, and Catherine A. Agnoli, Parsons Behle & Latimer, of Salt Lake City, Utah.

Before MICHEL, Chief Judge, PLAGER, Senior Circuit Judge, and LINN, Circuit Judge.


MICHEL, Chief Judge.

The Electromotive Division of General Motors Corporation ("EMD") appeals the United States District Court for the Eastern District of Michigan's grant of summary judgment of invalidity of United States Patent Nos. 5,169,242 and 5,567,056 ("the '242 and '056 patents," respectively) under the on-sale bar of 35 U.S.C. § 102(b). Electromotive Div. of Gen. Motors Corp. v. Transp. Sys. Div. of Gen. Elec. Co. & Daido Indus. Bearings, Ltd...

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