Legal Opinion

Kothmann Enterprises, Inc. v. Trinity Industries, Inc.

District Court, S.D. Texas

Decided January 13, 2006No. Civ.A. II-01-2668PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

ROSENTHAL, District Judge.

The issues remaining in this case are the equitable defenses that the accused infringer, Trinity Industries, Inc., has asserted against the patentee, Kothmann Enterprises, Inc. (KEI). Trinity alleges that the claims of United States Patent No. 6,022,003 (the ’003 Patent) and United States Patent No. 6,505,820 (the ’820 Patent) are unenforceable because KEI and its predecessors engaged in inequitable conduct before the Patent and Trademark Office during the prosecution of both patents. In prior rulings, this court denied KEI’s application for a…

2Cases cited41 opinions

  1. MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
  2. Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
  3. A.C. Aukerman Company v. R.L. Chaides Construction Co.Court of Appeals for the Federal Circuit · 1992
  4. Kingsdown Medical Consultants, Ltd. And E.R. Squibb & Sons, Inc. v. Hollister IncorporatedCourt of Appeals for the Federal Circuit · 1988
  5. Molins Plc, and John Coventry Smith, Jr. v. Textron, Inc., Kearney & Trecker Corporation, and Avco CorporationCourt of Appeals for the Federal Circuit · 1995

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3Cited by4 opinions

  1. Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.District Court, D. Massachusetts · 2007
  2. Ormco Corp. v. ALIGN TECHNOLOGY, INC.District Court, C.D. California · 2009
  3. Schwendimann v. Arkwright Advanced Coating, Inc.District Court, D. Minnesota · 2018
  4. ThroughPuter, Inc. v. Amazon Web Services, Inc.District Court, W.D. Texas · 2024

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