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Györy v. Reebok International, Ltd.

United States Court of Appeals, Federal Circuit
Feb 14, 2005
121 F. App'x 397 (Fed. Cir. 2005)

Opinion

No. 04-1516.

Decided: February 14, 2005.

Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, CLEVENGER, Circuit Judge.


Kálmán Györy ("Györy") appeals the dismissal of his suit against Reebok International, Ltd. ("Reebok") for alleged infringement of United States Patent No. 4,134,156 ("the '156 patent"). Györy v. Reebok Int'l Ltd., No. 03-CV-10077 (D. Mass. June 4, 2004). We affirm.

With the benefit of an earlier application, Györy's '156 patent claimed priority from June 11, 1976, and it issued on January 16, 1979. Under 35 U.S.C. § 154(c)(1), the term of the '156 patent expired on June 11, 1996. Györy commenced this action on January 6, 2003. Because "no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint," 35 U.S.C. § 286, and because an act must be performed "during the term of the patent" to constitute an act of infringement, 35 U.S.C. § 271(a), Györy cannot recover and his complaint was properly dismissed for failure to state a claim. We have considered Reebok's request for attorney fees, and we decline to award them.


Summaries of

Györy v. Reebok International, Ltd.

United States Court of Appeals, Federal Circuit
Feb 14, 2005
121 F. App'x 397 (Fed. Cir. 2005)
Case details for

Györy v. Reebok International, Ltd.

Case Details

Full title:KÁLMÁN GYÖRY, Plaintiff-Appellant, v. REEBOK INTERNATIONAL, LTD.…

Court:United States Court of Appeals, Federal Circuit

Date published: Feb 14, 2005

Citations

121 F. App'x 397 (Fed. Cir. 2005)