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POWELL v. HOME DEPOT U.S.A. INC.

Nos. 2010-1409, 2010-1416.

663 F.3d 1221 (2011)

Michael S. POWELL, Plaintiff-Cross Appellant, v. The HOME DEPOT U.S.A., INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

November 14, 2011.

Attorney(s) appearing for the Case

Donald R. Dunner , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for plaintiff-cross appellant. With him on the brief were Kara F. Stoll and James F. Sherwood . Of counsel on the brief was Alexander D. Brown , Tripp Scott, P.A., of Fort Lauderdale, FL.

George M. Sirilla , Pillsbury Winthrop Shaw Pittman, LLP, of McLean, VA, argued for defendant-appellant. With him on the brief were Bryan P. Collins , Jack S. Barufka and Sarah R. Greene . Of counsel on the brief were Bart A. Starr and Jonathan N. Zerger , of Shook, Hardy & Bacon, LLP, of Kansas City, MO; and Edward A. Moss and Eileen Tilghman Moss , of Miami, FL.

Opinion for the court filed by Circuit Judge PROST. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge DYK.

PROST, Circuit Judge.

This is a patent infringement case involving radial arm saw (or "radial saw") guard safety technology. Mr. Michael S. Powell brought suit against Home Depot, alleging that it infringed his patent, U.S. Patent No. 7,044,039 ("'039 patent"), covering radial arm saw guards that are installed in every Home Depot store location throughout the United States. Following a fourteen-day trial, the jury determined...

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