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Ruiz v. A.B. Chance Co.

District court judgment of invalidity of two patents for screw anchors is vacated and remanded because court did not make findings under Graham v. John Deere Co. before invalidating a patent for obviousness.

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The full case caption appears at the end of this opinion. MICHEL, Circuit Judge.

The A.B. Chance Company (“Chance”) appeals the decision of the United States District Court for the Eastern District of Missouri finding claims 1 through 4 and claims 6 through 8 of U.S. Patent Nos. 5,139,368 (“the ’368 patent”) and 5,171,107 (“the ’107 patent”) invalid for obviousness under 35 U.S.C. � 103 (1999). On cross-appeal, Richard Ruiz and Foundation Anchoring Systems, Inc. (a/k/a “Fasteel”) argue that the district court erred in the following rulings: 1) finding infringement of claims 1 through 4 and claims 6 through 8 of the ’368 and ’107 patents; 2) denying recovery of attorney fees under 35 U.S.C. � 285 (1994) due to Chance’s alleged inequitable conduct; 3) concluding that neither party was prevailing for the purpose of awarding costs under Fed. R. Civ. P. 54(d); and 4) granting summary judgment against Ruiz and Fasteel on their claims of discrimination pursuant to 42 U.S.C. � 1981, breach of contract, breach of the implied duty of good faith and fair dealing, equitable and promissory estoppel, and tortious interference with contract and prospective business relations.

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