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February 2011

Gordon & Rees Successfully Defends Appeal of Summary Judgment Victory in Patent Infringement Case

The team of Susan Meyer, John Haller and Benni Amato successfully defended an appeal of a summary judgment victory in a patent infringement case against Gordon & Rees's client, Hoist Fitness Systems, Inc., a manufacturer of strength training products. Plaintiff, Max Rack, Inc. of Columbus, Ohio, asserted two patents against Gordon & Rees's client. The claims were based on Hoist Fitness Systems' PTS 1000 dual-action Smith machine, a weight lifting machine that allows the user to move the weight bar both vertically and horizontally.

Following a Markman claim construction hearing, John Haller and Susan Meyer filed two motions for summary judgment of non-infringement. The District Court construed necessary claim limitations and granted the motion for summary judgment of non-infringement. Max Rack appealed the claim construction and non-infringement decision to the Court of Appeals for the Federal Circuit. Matt Kleiner assisted with the appeals and briefing strategy and Susan Meyer argued for Hoist Fitness during oral argument on the appeal. Within days, the Federal Circuit rendered a decision affirming the lower court's ruling. The case will return Southern District of Ohio for further proceedings on the counterclaims filed by Hoist Fitness.

Yuo-Fong Amato
Matthew G. Kleiner
Susan B. Meyer



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