Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Appealed from: U.S. District Court for the District of Delaware Judge Roderick R. McKelvie

After the jury returned its verdict, both plaintiffs, LNP Engineering Plastics, Inc., and Kawasaki Chemical Holding Co., Inc. (collectively LNP), and defendant, Miller Waste Mills, Inc. (trading as RTP Company), filed various motions including motions for judgment as a matter of law (JMOL). The United States District Court for the District of Delaware granted various of these motions, thereby substantially reversing the jury verdict. LNP Eng’g Plastics, Inc. v. Miller Waste Mills, Inc., No. 96-462-RRM, slip op. (D. Del. Dec. 17, 1999). The district court correctly determined that substantial evidence shows that RTP’s accused products do infringe claim 1 of LNP’s United States Patent No. 5,019,450 (the ’450 patent). The district court also properly granted JMOL that claim 1 of the ’450 patent is not invalid for indefiniteness. This court, therefore, affirms those portions of the district court’s judgment. However, substantial evidence supports the jury’s verdict that claim 1 of United States Patent No. 5,213,889 (the ’889 patent) is invalid for obviousness. This court, therefore, reverses the district court’s grant of JMOL on that judgment and of a new trial on obviousness.

After a second trial, the jury determined that RTP did not willfully infringe the ’450 patent. This court affirms the district court’s denial of LNP’s motion for a new trial on willfulness. In a third trial, the district court found that LNP did not commit inequitable conduct during the reexamination of the ’889 and ’450 patents. Because the district court did not clearly err in finding a lack of intent on the part of the prosecuting attorney in not obtaining a full translation of a Japanese reference, this court affirms.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

New York Legal Awards 2022 (NYLA)

October 06, 2022
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Women, Influence & Power in Law Awards (WIPLA) 2022

October 18, 2022
Washington, DC

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.

Learn More

National Law Journal Legal Awards (NLJLA) 2022

October 20, 2022
Washington, DC

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.

Learn More

Corporate Counsel

An international entertainment company headquartered in the Sarasota area is seeking a corporate counsel to draft, review and negotiate a ...

Apply Now ›

Plaintiffs' Personal Injury Attorney

A growing and highly successful plaintiffs' personal injury law firm with several offices in Tampa Bay is seeking a senior attorney with tri...

Apply Now ›

Insurance Defense Associate

A highly regarded Tampa law firm is seeing an insurance defense attorney with 2+ years of general insurance-related litigation experience. ...

Apply Now ›



Chiesa Shahinian & Giantomasi : Commitment to the highest standards of service.

View Announcement ›


DR Web

Schulten Ward Turner & Weiss, LLP is pleased to announce that John Gracia has joined the firm as a partner.

View Announcement ›



WISNIEWSKI & ASSOCIATES LLC Takes pleasure in announcing that Civil Litigator DOUGLAS R. D ANTONIO has become a Partner of the Firm.

View Announcement ›