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Opinion for the court filed by Circuit Judge LOURIE. Opinion dissenting-in-part filed by Circuit Judge CLEVENGER.

Transclean Corporation, James P. Viken, Jon A. Lang, and Donald E. Johnson (collectively “Transclean”) appeal from a judgment of the United States District Court for the District of Minnesota (1) reversing entry of a portion of a jury’s damages award for infringement of Transclean’s U.S. Patent 5,318,080, Transclean Corp. v. Bridgewood Serv., Inc., No. 97-2298, slip op. at 28 (D. Minn. Jan. 8, 2001) (“Damages Opinion”); (2) denying its motion for enhanced damages under 35 U.S.C. � 284, id. at 66, as well as attorney fees under 35 U.S.C. � 285 and Minn. Stat. � 8.31, Transclean Corp. v. Bridgewood Serv., Inc., 134 F. Supp. 2d 1049, 1061 (D. Minn. 2001) (“Attorney Fees Opinion”); and (3) granting summary judgment of noninfringement on its claim of trademark infringement, Transclean Corp. v. Bridgewood Serv., Inc., 77 F. Supp. 2d 1045, 1094-95 (D. Minn. 1999) (“Summary Judgment Opinion”). Bridgewood cross-appeals from the court’s grant of summary judgment that the ’080 patent is not invalid for anticipation and that Bridgewood infringed claims 1-4 and 12. Id. at 1081, 1083, 1063. Bridgewood also cross-appeals from the court’s denial of its motion for summary judgment of noninfringement of claim 13. Id. at 1087. For the reasons set forth below, we affirm-in-part and vacate-in-part.


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