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INTEGRATED TECHNOLOGY v. RUDOLPH TECHNOLOGIES

Nos. 2012-1593, 2012-1618.

734 F.3d 1352 (2013)

INTEGRATED TECHNOLOGY CORPORATION and Nevada Integrated Technology Corporation, Plaintiffs-Appellees, v. RUDOLPH TECHNOLOGIES, INC. and Mariner Acquisition Company LLC, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

November 4, 2013.

Attorney(s) appearing for the Case

Jay R. Campbell , Renner, Otto, Boisselle & Sklar, LLP, of Cleveland, OH, argued for plaintiffs-appellees. With him on the brief were Todd R. Tucker , Joshua M. Ryland and Nicholas J. Gingo .

Daniel W. McDonald , Merchant & Gould P.C., of Minneapolis, MN, argued for defendants-appellants. With him on the brief were Rachel C. Hughey and Joseph E. Lee . Of counsel on the brief were Carter G. Phillips and Jonathan F. Cohn , Sidley Austin LLP, of Washington. DC.

Before RADER, Chief Judge, CLEVENGER, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Rudolph Technologies, Inc. (Rudolph) appeals from the district court's judgment that it infringes U.S. Patent No. 6,118,894 (`894 patent). Rudolph challenges the court's denial of its motion for judgment as a matter of law (JMOL) that prosecution history estoppel bars the application of the doctrine of equivalents. Rudolph also challenges the award of damages, the court's determination that this was...

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