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Vivid Technologies, Inc. v. American Science & Engineering, Inc.

200 F.3d 795, 53 U.S.P.Q.2d 1289 (1999)

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Vivid Technologies, Inc. v. American Science & Engineering, Inc.

United States Court of Appeals for the Federal Circuit
200 F.3d 795, 53 U.S.P.Q.2d 1289 (1999)

Facts

Vivid Technologies, Inc. (Vivid) (plaintiff) filed an action for declaratory judgment in federal court, seeking a ruling that Vivid did not infringe on any patents owned by American Science and Engineering, Inc. (American Science) (defendant). American Science filed a counterclaim against Vivid for infringement of one or more of eight American Science-owned patents. Vivid moved to strike the counterclaim because American Science could not identify which specific patents American Science believed were infringed and did not establish that the counterclaim was filed with sufficient knowledge that Vivid was infringing any of the eight patents. The district court granted the motion to strike the counterclaim. American Science filed a motion seeking leave to file a properly amended counterclaim. The district court denied the motion for leave to amend, concluding that the counterclaim would ultimately be proved invalid. American Science appealed.

Rule of Law

Issue

Holding and Reasoning (Newman, J.)

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