Vita-Mix Corp. v. Basic Holding, Inc., No. 08-1479

In a patent and trademark infringement case involving a method of preventing formation of an air pocket around the blades of a consumer blender, summary judgment in favor of defendant is vacated and remanded in part, and affirmed in part where: 1) district court's judgment of no direct infringement is vacated and remanded with instruction to apply the correct claim construction; 2) findings of no invalidity for anticipation, obviousness, or lack of enablement is vacated and remanded with instructions to apply the correct claim construction; 3) district court's judgments of no inducement, no contributory infringement, and no trademark infringement is affirmed; and 4) district court's judgment of no inequitable conduct and no laches is affirmed. 

Read Vita-Mix Corp. v. Basic Holding, Inc., No. 08-1479

Appeal from:  United States District Court for the Northern District of Ohio
Decided September 16, 2009

Judges

Before Bryson, Gajarsa, and Prost, Circuit Judges. 
Opinion by Prost, Circuit Judge.   

Counsel

For Appellant:  David T. Movius, McDonald Hopkins LLC.   

For Appellee:  Larry R. Laycock, David R. Wright, David R. Todd, Robert E. Aycock, and Clinton E. Duke, Workman Nydegger.