Farrago v. Rawlings Sporting Goods Company, Inc., 2008 WL 880178 (E.D. Mo 2008)

Judge Carol Jackson granted Rawlings summary judgment that Rawlings did not infringe Farrogo's U.S. Patent No. 5,073,986 on a Pad Structure for Relieving Knee Stress, denied Rawlings motion that the patent was invalid for anticipation or obviousness. On the question of literal infringement, Judge Jackson found that an expert's opinion was not enough to create a genuine dispute that the Rawlings product, which was in evidence, had a flat surface. As to infringement under the doctrine of equivalents, Judge Jackson found that holding that a three-sided pad with a curved upper surface equivalent to pad with four periphery surfaces would vitiate the meaning of the "four periphery surfaces" limitation.