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Transclean Corporation v. Bridgewood Services, Inc.

Decision in patent and trademark infringement case affirmed as to determination that plaintiff's patent was not anticipated by prior art patents, determination that defendant did not infringe plaintiff's trademarks, and reversal of jury's award of damages based on reasonable royalty on proceeds of sale of defendant's business; jury's determination that defendant infringed one of patent claims reversed because it was based on court's erroneous construction of a claim phrase.

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Opinion for the court filed by Circuit Judge LOURIE. Opinion dissenting-in-part filed by Circuit Judge CLEVENGER.

Transclean Corporation, James P. Viken, Jon A. Lang, and Donald E. Johnson (collectively “Transclean”) appeal from a judgment of the United States District Court for the District of Minnesota (1) reversing entry of a portion of a jury’s damages award for infringement of Transclean’s U.S. Patent 5,318,080, Transclean Corp. v. Bridgewood Serv., Inc., No. 97-2298, slip op. at 28 (D. Minn. Jan. 8, 2001) (“Damages Opinion”); (2) denying its motion for enhanced damages under 35 U.S.C. � 284, id. at 66, as well as attorney fees under 35 U.S.C. � 285 and Minn. Stat. � 8.31, Transclean Corp. v. Bridgewood Serv., Inc., 134 F. Supp. 2d 1049, 1061 (D. Minn. 2001) (“Attorney Fees Opinion”); and (3) granting summary judgment of noninfringement on its claim of trademark infringement, Transclean Corp. v. Bridgewood Serv., Inc., 77 F. Supp. 2d 1045, 1094-95 (D. Minn. 1999) (“Summary Judgment Opinion”). Bridgewood cross-appeals from the court’s grant of summary judgment that the ’080 patent is not invalid for anticipation and that Bridgewood infringed claims 1-4 and 12. Id. at 1081, 1083, 1063. Bridgewood also cross-appeals from the court’s denial of its motion for summary judgment of noninfringement of claim 13. Id. at 1087. For the reasons set forth below, we affirm-in-part and vacate-in-part.

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