Salazar v. Procter & Gamble Company, (2005)

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Salazar v. Procter & Gamble Company, (2005)

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Federal Circuit

ALFRED SALAZAR,

v.

PROCTER & GAMBLE COMPANY,

Defendant-Appellee.

Henry C. Su, Fenwick & West LLP, of Mountain View, California, argued for plaintiff-appellant. With him on the brief were Brenda M. Simon and Kent Kemeny.

Charles J. Faruki, Faruki Ireland & Cox P.L.L., of Dayton, Ohio, argued for defendant-appellee. With him on the brief was Thomas R. Kraemer.

Appealed from: United States District Court for the Northern District of Oklahoma Senior Judge H. Dale Cook

Plaintiff-Appellant,

United States Court of Appeals for the Federal Circuit 04-1013 ALFRED SALAZAR,

Plaintiff-Appellant,

v.

PROCTER & GAMBLE COMPANY,

Defendant-Appellee.

DECIDED: July 8, 2005

Before RADER, BRYSON, and GAJARSA, Circuit Judges.

Opinion for the court filed by Circuit Judge RADER. Dissenting opinion filed by Circuit Judge BRYSON.

RADER, Circuit Judge.

Alfred Salazar owns U.S. Patent No. 5,535,474 ('474 patent) for a toothbrush having polishing rods that clean and polish the teeth and stimulator rods that stimulate the gums during brushing. '474 patent, Ab...

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