District court’s ruling that plaintiff was not barred by res judicata from litigating his infringement claim against the defendants and finding that there was no infringement of the U.S. Patent No. 5,474831 (the ‘831 patent) is affirmed on alternative grounds where the plaintiff waived his right to pursue an infringement claim under the doctrine of equivalents in the first infringement suit brought against the defendant.
Read Nystrom v. Trex Co., Inc., No. 09-1026
Appellate Information
Appeal from: United States District Court for the Eastern District of VirginiaDecided September 8, 2009
Judges
Before Michel, Chief Judge, Rader and Prost, CIrcuit Judges. Opinion by Rrader, Circuit Judge.
Counsel
For Appellant: Joseph S. Presta, Nixon & Vanderhye, PC.
For Appellees: Patrick J. Coyne, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
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