ARMINAK AND ASSOCIATES v. SAINT-GOBAIN CALMAR

No. 2006-1561.

501 F.3d 1314 (2007)

ARMINAK AND ASSOCIATES, INC. and Helga Arminak, Plaintiffs/Counterclaim Defendants-Appellees, and Armin Arminak, Counterclaim Defendant-Appellee, v. SAINT-GOBAIN CALMAR, INC. (now known as MeadWestvaco Calmar, Inc.), Defendant/Counterclaimant-Appellant.

United States Court of Appeals, Federal Circuit.

September 12, 2007.


Attorney(s) appearing for the Case

Daniel C. DeCarlo, Lewis Brisbois Bisgaard & Smith, of Los Angeles, CA, argued for the plaintiffs/counterclaim defendants-appellees and counterclaim defendant-appellee. With him on the brief were William C. Steffin and Isamu H. Lee. Of counsel was David N. Makous.

Roger D. Taylor, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Atlanta, GA, argued for defendant/counterclaimant-appellant. With him on the brief were Michael J. McCabe, II and Robert C. Stanley. On the principal brief were M. Kelly Tillery, Charles S. Marion, and Keith Lee, Pepper Hamilton LLP, of Philadelphia, PA.

Before MICHEL, Chief Judge, GAJARSA, Circuit Judge, and HOLDERMAN, Chief District Judge.


HOLDERMAN, Chief District Judge.

Appellant Saint-Gobain Calmar, Inc. ("Calmar") appeals from the district court's order granting summary judgment in favor of Arminak & Associates, Inc. ("Arminak"), finding that the design of Arminak's "AA Trigger" shroud did not infringe Calmar's two design patents, U.S. Patents Nos. Des. 381,581 ("the '581 patent") and Des. 377,602 ("the '602 patent"). Arminak & Assoc., Inc....

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