Haynes and Boone, Defends Patent Infringement Allegations and Invalidates Patent

March 20, 2000

Allison Stuckey
Sunwest Communications
(214) 373-1601

Dallas, Texas – Haynes and Boone, L.L.P. announced that its intellectual property litigation practice group has successfully defended Piper’s Saw Shop, Inc. in a patent infringement suit by invalidating the patent in a Sherman, Texas bench trial.

With Judge Paul Brown presiding, Phillip B. Philbin acted as lead trial counsel. He was assisted by defendant’s Sherman trial counsel, Clyde M. Siebman of Siebman, Reynolds & Burg, L.L.P.; defendant’s Kentucky counsel, Jonathan S. King of Paxton, King & Creager, P.L.C.; and Haynes and Boone associate Christine Irish Sestak, also a member of the intellectual property litigation practice group.

The patent owned by plaintiff Dorlene M. Collett was for a high impact resistant carbide alloy tip for circular saws. Piper’s Saw Shop, a major supplier in the industry, sells carbide alloy tips using a carbide formula differing from the formula claimed in the patent. The Court found that the Piper’s Saw Shop did not literally infringe the patent and that the defendant did not infringe the plaintiff’s patent under the doctrine of equivalents. In addition, the Court invalidated the patent because the defendant commercially sold carbide alloy saw tips more than one year prior to the date of the filing of the patent application. Judge Brown ordered that Piper’s Saw Shop should recover from the plaintiff all taxable costs incurred in its defense.

"Siebman, Reynolds & Burg has developed extensive expertise over the years assisting regional and national law firms with complex litigation matters pending in the Eastern District of Texas," Philbin said.

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