District court's ruling that plaintiff was not barred by res judicata from litigating his infringement claim against the defendants and finding that there was no infringement of the U.S. Patent No. 5,474831 (the '831 patent) is affirmed on alternative grounds where the plaintiff waived his right to pursue an infringement claim under the doctrine of equivalents in the first infringement suit brought against the defendant.
Appeal from: United States District Court for the Eastern District of Virginia
Decided September 8, 2009
For Appellant: Joseph S. Presta, Nixon & Vanderhye, PC.
For Appellees: Patrick J. Coyne, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.