L&W, Inc., a manufacturer of heat shields for automobiles, sued Shertech, Inc., and Steven W. Sheridan (collectively, “Shertech”) in the United States District Court for the Eastern District of Michigan. L&W sought a declaratory judgment that it did not infringe Shertech’s U.S. Patent No. 5,670,264 (“the ’264 patent”), that the ’264 patent was invalid, and that the ’264 patent was unenforceable because of inequitable conduct. Shertech counterclaimed, alleging that L&W’s products infringed the ’264 patent.
On cross-motions for summary judgment on the infringement claim, the district court entered summary judgment of infringement. The parties then tried the invalidity claims to a jury. The jury rendered special verdicts, finding all the claims of the ’264 patent invalid except for claim 7. A bench trial was then held on L&W’s inequitable conduct claim. The district court rejected that claim, holding that L&W failed to prove that Mr. Sheridan or his counsel acted with intent to deceive the U.S. Patent and Trademark Office. L&W moved for a new trial or judgment as a matter of law on claim 7 based in part on an asserted inconsistency in the jury’s special verdicts. Shertech moved for a new trial or judgment as a matter of law on claim 10. The district court denied both motions and entered judgment against L&W on claim 7 of the patent.
L&W appeals from the portion of the judgment holding it liable under claim 7, and Shertech cross-appeals from the portion of the judgment holding claim 10 invalid. We vacate the judgment of infringement on claim 7 and remand for further proceedings as to infringement. We affirm the portions of the judgment holding claim 7 valid and claim 10 invalid. We affirm the portion of the judgment holding that the ’264 patent is not unenforceable due to inequitable conduct.
