DIGITAL CONTROL, INC. v. CHARLES MACH. WORKS

No. 05-1128.

437 F.3d 1309 (2006)

DIGITAL CONTROL INCORPORATED and Merlin Technology Inc., Plaintiffs-Appellants, v. The CHARLES MACHINE WORKS (also known as DitchWitch), Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 8, 2006.


Attorney(s) appearing for the Case

J. Michael Jakes, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiffs-appellants. Of counsel on the brief were Jeff E. Schwartz, Schwartz Sung & Webster, of Washington, DC, and Michael J. Bettinger, Preston Gates & Ellis, L.L.P., of San Francisco, California. Of counsel was Krista L. Lynch, Preston Gates Ellis & Rouvelas Meeds LLP, of Washington, DC.

Robert D. Tomlinson, Tomlinson & O'Connell, P.C., of Oklahoma City, Oklahoma, argued for defendant-appellee. With him on the brief were Mary E. Nelson, McKinney & Stringer, P.C., of Oklahoma City, Oklahoma; Gary S. Peterson; Sean V. O'Connell; and Lawrence F. Grable, Tomlinson & O'Connell, P.C., of Oklahoma City, Oklahoma.

Before MICHEL, Chief Judge, CLEVENGER, Senior Circuit Judge, and SCHALL, Circuit Judge.


CLEVENGER, Senior Circuit Judge.

Plaintiffs-Appellants Digital Control, Inc., and Merlin Technology, Inc. (collectively, DCI) appeal from the decision of the district court for the Western District of Washington finding that United States Patent No. 5,767,678 (the '678 patent), No. 6,008,651 (the '651 patent), and No. 6,232,780 (the '780 patent) (collectively, the patents in suit) are unenforceable for inequitable conduct...

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