Versa Corporation v. AG-BAG International Limited, (2004)

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Versa Corporation v. AG-BAG International Limited, (2004)

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Federal Circuit

VERSA CORPORATION,

v.

AG-BAG INTERNATIONAL LIMITED,

Defendant-Appellee.

Peter E. Heuser, Kolisch Hartwell P.C., of Portland, Oregon, argued for plaintiff-appellant.

David W. Axelrod, Schwabe, Williamson & Wyatt, P.C., of Portland, Oregon, for defendant-appellee. With him on the brief was Christopher J. Lewis.

Appealed from: United States District Court for the District of Oregon Magistrate Judge Dennis James Hubel

Plaintiff-Appellant,

United States Court of Appeals for the Federal Circuit

VERSA CORPORATION,

Plaintiff-Appellant,

v.

AG-BAG INTERNATIONAL LIMITED,

Defendant-Appellee.

DECIDED: December 14, 2004

Before NEWMAN, RADER, and DYK, Circuit Judges.

Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge NEWMAN.

DYK, Circuit Judge.

Versa Corporation ("Versa") sued Ag-Bag International Ltd. ("Ag-Bag") in the United States District Court for the District of Oregon for infringement of United States Patent Nos. 5,345,744 (the "'744 patent"), 5,426,910 (the "'910 patent"), and 5,452,562 (the "'562 patent"). The district court construed the claims, and Versa admitted that it could not prove infringement under the district court's claim construction. The district court entered a judgment of non-infringement...

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