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Ferguson Beauregard/Logic Controls, Div. of Dover Res., Inc. v. Mega Sys., LLC

United States Court of Appeals for the Federal Circuit

December 4, 2003, Decided

02-1380, 02-1427

Opinion

 [***1003]  [*1330]   LINN, Circuit Judge.

Ferguson Beauregard/Logic Controls, Division of Dover Resources, Inc. ("Ferguson") and Delaware Capital Formation, Inc. ("Delaware Capital") appeal various aspects of a judgment of the United States District Court for the Eastern District of Texas following a bench trial concerning, inter alia, allegations of infringement of four patents and multiple [**2]  versions of accused infringing devices. Ferguson Beauregard/Logic Controls, Div. of Dover Res., Inc. v. Mega Sys., LLC, 6:99CV437 (E.D. Tex. Feb. 6, 2002) ("Judgment"). Mega Systems, LLC ("Mega") and James Bartley ("Bartley"), president and majority owner of Mega, cross-appeal other aspects of the same judgment.

In particular, Ferguson and Delaware Capital appeal: (1) the district court's construction of certain claim limitations of U.S. Patent No. 5,146,991 ("the '991 patent"), owned by Delaware Capital and licensed to Ferguson; (2) the district court's determination that a certain version of a product made and sold by Mega--version 3 of the APC 1000 device--did not infringe the '991 patent; (3) the district court's conclusion that Bartley was not personally liable for inducing Mega to infringe the '991 patent and U.S. Patent No. 4,352,376 ("the '376 patent"), also owned by Delaware Capital and licensed to Ferguson; (4) the district court's denial of Ferguson's motion to amend the claims to assert willful infringement; and (5) the district court's conclusion that it lacked jurisdiction to consider whether U.S. Patent No. 4,921,048 ("the '048 patent"), assigned to Mega, had [**3]  been improperly revived at the U.S. Patent and Trademark Office ("PTO") after it lapsed for failure to timely pay maintenance fees.

Mega and Bartley cross-appeal: (1) the district court's construction of certain claim limitations of the '376 patent; (2) the district court's determination of damages to be awarded to Ferguson for infringement of the '376 patent; (3) the district court's conclusion that Ferguson did not infringe the '048 patent; and (4) the district court's ruling barring the submission of evidence of prior art due to lack of notice under 35 U.S.C. § 282.

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350 F.3d 1327 *; 2003 U.S. App. LEXIS 24417 **; 69 U.S.P.Q.2D (BNA) 1001 ***

FERGUSON BEAUREGARD/LOGIC CONTROLS, DIVISION OF DOVER RESOURCES, INC., Plaintiff-Appellant, and DELAWARE CAPITAL FORMATION, INC., Plaintiff-Appellant, v. MEGA SYSTEMS, LLC and JAMES BARTLEY, Defendants-Cross Appellants.

Prior History:  [**1]  Appealed from: United States District Court for the Eastern District of Texas. Senior Judge William M. Steger.

Beauregard v. Mega Sys., LLC, 2002 U.S. Dist. LEXIS 27192 (E.D. Tex., Feb. 5, 2002)

Disposition: Affirmed-in-part, reversed-in-part, vacated-in-part, and remanded.

CORE TERMS

patent, plunger, infringement, district court, window, valve, predetermined, willful, argues, arrival, dictionary, terms, inducing, sales, correction, customary, invention, inequitable conduct, assigning, wellhead, damages, tubing, cycle, words, written description, limitations, off-time, asserts, region, construing

Civil Procedure, Trials, Bench Trials, Appeals, Standards of Review, General Overview, Clearly Erroneous Review, Patent Law, Jurisdiction & Review, Subject Matter Jurisdiction, Appeals, Infringement Actions, Claim Interpretation, De Novo Review, Doctrine of Equivalents, Fact & Law Issues, Specifications, Enablement Requirement, US Patent & Trademark Office Proceedings, Filing Requirements, Drawings, Claims, Claim Language, Duplication & Multiplicity, Remedies, Equitable Relief, Equitable Accountings, Scope of Claim, Business & Corporate Compliance, Infringing Acts, Indirect Infringement, Burdens of Proof, Abuse of Discretion, Pleadings, Amendment of Pleadings, Heightened Pleading Requirements, Fraud Claims, Ownership, Conveyances, Recordation, Judicial Officers, Masters, Compensation of Masters, Fees, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Inequitable Conduct, Effect, Materiality & Scienter, Defenses, Damages, Infringer's Profits, Patentholder Losses, Patent Invalidity, Governments, Courts, Judicial Precedent