WASHINGTON, D.C. (June 2, 2009) — McDermott Will & Emery won a significant victory in an intellectual property case brought by PureChoice, Inc. against Firm client Honeywell International Inc. The U.S. Court of Appeals for the Federal Circuit affirmed the district court's ruling that the claims of the PureChoice patent were invalid for indefiniteness.
PureChoice filed suit against Honeywell on June 15, 2006 in the United States District Court for the Eastern District of Texas alleging that certain Honeywell products infringe a patent relating to an environmental monitoring system. In the district court, Judge T. John Ward granted summary judgment for Honeywell finding that the claim language was "not sufficiently precise to permit a potential competitor to determine whether or not he is infringing."
On appeal, the Federal Circuit affirmed the trial court's claim construction, as well as its decision to grant Honeywell's motion for summary judgment of invalidity based on indefiniteness.
This success was achieved through the efforts of M. Miller Baker, a partner in McDermott's Washington, D.C. office and co-head of the Firm's Appellate Practice Group; David M. Stein, a partner based in the Orange County office and a member of the Intellectual Property, Media & Technology Department; and Rebecca Watson, an associate in the Washington, D.C. office and a member of the Trial Department.
McDermott Will & Emery is a leading international law firm with a diversified business practice. We represent a wide range of commercial, industrial and financial enterprises, both publicly and privately held. Our clientele include some of the world's largest corporations, small and medium-sized businesses, and individuals.