121 F.3d 669
43 U.S.P.Q.2d 1620
Sandvik AKTIEBOLAG, Plaintiff-Appellant,
E.J. COMPANY, Vira Hayes and Robert Hayes, Defendants-Appellees.
United States Court of Appeals,
Aug. 6, 1997.
Rehearing Denied; Suggestion for Rehearing In Banc
Declined Oct. 16, 1997.
Ronald L. Grudziecki, Burns, Doane, Swecker & Mathis, LLP, Alexandria, VA, argued for plaintiff-appellant. With him on the brief was Allan Madis Soobert. Of counsel was I.C. Waddey, Jr., Waddey & Patterson, Nashville, TN.
Robert E. Pitts, Pitts & Brittian, P.C., Knoxville, TN, argued for defendants-appellees. With him on brief were R. Bradford Brittian, Melinda L. Doss, and Raymond E. Stephens. Of counsel on brief was Hal D. Hardin, Nashville, TN.
Before ARCHER, Chief Judge, MICHEL, and LOURIE, Circuit Judges.
ARCHER, Chief Judge.
Sandvik Aktiebolag (Sandvik) appeals the order of the United States District Court for the Middle District of Tennessee, No. 3-94-1076, granting summary judgment of noninfringement in favor of defendant E.J. Company (E.J.). The district court held that United States Patent No. 4,222,690 (the '690 patent) and United States Patent No. 4,381,162 (the '162 patent) were not infringed because defendant's replacement of the carbide tip of the drill constituted a permissible repair. We reverse.
The facts in this case are not in dispute. The patents in suit are directed to a drill with a shank portion and a unique carbide tip geometry that has specially configured cutting edges resulting in a drill suitable for high-feed machining with improved cutting ability especially at its center portion. The drill tip is not separately patented.NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE