WELKER BEARING CO. v. PHD, INC.

No. 2008-1169.

550 F.3d 1090 (2008)

WELKER BEARING COMPANY, Plaintiff-Appellant, v. PHD, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 15, 2008.


Attorney(s) appearing for the Case

Jeffrey A. Sadowski, Howard & Howard Attorneys, P.C., of Bloomfield Hills, Michigan, argued for plaintiff-appellant. With him on the brief were Brad A. Rayle and Melanie T. Frazier.

D. Randall Brown, Barnes & Thornburg LLP, of Fort Wayne, Indiana, argued for defendant-appellee. With him on the brief were Dawn R. Rosemond and Gregory S. Cooper.

Before RADER, SCHALL, and PROST, Circuit Judges.


RADER, Circuit Judge.

The United States District Court for the Eastern District of Virginia granted summary judgment of noninfringement of Welker Bearing Co.'s U.S. Patent Nos. 6,786,478 ("'478 patent") and 6,913,254 ("'254 patent") in favor of PHD, Inc. Welker Bearing Co. v. PHD, Inc., 528 F.Supp.2d 683 (E.D.Mich.2007) ("SJ Opinion"). Because the district court correctly construed the critical claim element...

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