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CHARLES MACH. WORKS, INC. v. VERMEER MFG. CO.

No. 2012-1578.

723 F.3d 1376 (2013)

The CHARLES MACHINE WORKS, INC., Plaintiff-Appellant, v. VERMEER MANUFACTURING COMPANY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 26, 2013.

Attorney(s) appearing for the Case

Robert D. Tomlinson , Tomlinson Rust McKinstry Grable, of Oklahoma City, OK, argued for plaintiff-appellant. With him on the brief were Lawrence F. Grable and Gary Peterson. Of counsel on the brief were Edmund J. Sease and Jeffrey D. Harty , McKee, Voorhees & Sease, P.L.C., of Des Moines, IA.

Rachel K. Zimmerman , Merchant & Gould P.C., of Minneapolis, MN, argued for defendant-appellee. With her on the brief was Aaron M. Johnson.

Before DYK, MAYER, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

The Charles Machine Works, Inc. (CMW) appeals from the district court's grant of summary judgment that Vermeer Manufacturing Company's (Vermeer) accused commercial products and non-commercial prototypes do not infringe, literally or under the doctrine of equivalents. CMW also challenges whether the prototypes were properly within the scope of summary judgment. We hold that CMW did not have sufficient notice that the prototypes were within the...

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