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LAWMAN ARMOR CORP. v. WINNER INTERN., LLC

No. 05-1253.

437 F.3d 1383 (2006)

LAWMAN ARMOR CORPORATION, Plaintiff-Appellant, v. WINNER INTERNATIONAL, LLC and WINNER HOLDING LLC, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

February 22, 2006.

Attorney(s) appearing for the Case

Roberta Jacobs-Meadway, Ballard Spahr Andrews & Ingersoll, LLP, of Philadelphia, Pennsylvania, argued for plaintiff-appellant. With her on the brief were Lynn E. Rzonca and Corey Field.

Philip J. Moy, Jr., Fay, Sharpe, Fagan, Minnich & McKee, LLP, of Cleveland, Ohio, argued for defendants-appellees. With him on the brief was Jude A. Fry.

Before MICHEL, Chief Judge, FRIEDMAN, Senior Circuit Judge, and DYK, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

In this design patent case, the district court held that infringement had not been shown because each of the alleged "points of novelty" of the patented design was disclosed in the prior art. Lawman Armor Corp. v. Winner Int'l, 2005 WL 354103, 2005 U.S. Dist. LEXIS 2078, No. 02-CV-4595 (E.D.Pa. Feb. 15, 2005) (slip opinion). We affirm that ruling, and reject the patentee's contention...

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