Pandrol USA LP v. Airboss Railway Products Inc.

Case Number: CLB0007

Date: 02.21.2003

Citation: 65 U.S.P.Q.2d 1985 (Fed. Cir. 2003)

Defendants did not waive their right to trial on issue of patent invalidity by failing to raise it in opposition to plaintiffs’ motion for summary judgment on issue of infringement, since plaintiffs did not request summary judgment of liability, or summary judgment on affirmative defense and counterclaim of invalidity asserted in defendants’ answers, and since infringement and validity must be treated as separate issues.

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