Lerner, David, Littenberg, Krumholz & Mentlik, LLP
Lerner, David, Littenberg, Krumholz & Mentlik, LLP
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Lerner David Littenberg
Krumholz & Mentlik, LLP

600 South Avenue West
Westfield, NJ
07090-1497

P: (908) 654-5000

F: (908) 654-7866

 

China:
Unit 3405A, Teem Tower
2008 Tianhe Road
Tianhe District
Guangzhou, Guangdong
510620 China

P: +86 20 3810-3788

F: +86 20 3810-3789

Oilmatic's Non-infringement Verdict on Summary Judgment Upheld by Federal Circuit

NEWS RELEASE
January 8, 2010
(Westfield, NJ)

Contact:
Ray P. Janeczek
Direct Dial: 908.518.6369 or
rjaneczek@ldlkm.com

Restaurant Technologies, Inc. v. Jersey Shore Chicken, United States Court of Appeals for the Federal Circuit, 2009-1176, January 6, 2010. The patent owner RTI had filed two patent infringement actions against customers of our client, Oilmatic Systems, LLC, alleging that the customers were infringing a patent relating to systems for supplying and draining cooking oil. We then filed a declaratory judgment action against RTI on behalf of Oilmatic. We initially sought and obtained a favorable claim construction. Thereafter, in a 50-page opinion, the District Court granted summary judgment, ruling that the Oilmatic system did not infringe any of the seven asserted claims of RTI's patent. On January 6, 2010, a three-judge panel of the Federal Circuit affirmed this decision. In a press release issued shortly after the decision, Michael Allora, President of Oilmatic, noted "I am extremely pleased with the successful outcome of this patent infringement suit. The Federal Circuit's decision vindicates the position that we have held all along, that Oilmatic's bulk oil distribution system did not infringe the RTI patent." The Federal Circuit's full decision can be viewed at www.cafc.uscourts.gov/opinions/09-1176.pdf.

About Lerner, David, Littenberg, Krumholz & Mentlik, LLP
Since its founding in 1969, Lerner David has been devoted exclusively to intellectual property law. The firm has earned a solid reputation for active and effective client representation in the Patent and Trademark Office, in the courts and at the bargaining table — but our role as “counselors” remains paramount. By providing sound, practical advice, Lerner David’s 55+ attorneys help clients make informed, intelligent choices about the benefits and risks associated with intellectual property.