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Keywords

appealsummary judgmentpatent

summary judgmentpatent

Related Cases

Akzo Nobel Coatings, Inc. v. Dow Chemical Co., 811 F.3d 1334, 119 U.S.P.Q.2d 1013

Facts

Issue

Rule

In patent infringement cases, the court evaluates whether the accused product contains every limitation of the patent claims. Summary judgment is appropriate when no reasonable factfinder could find that the accused product meets all claim limitations. The interpretation of patent claim terms is conducted de novo, and factual findings regarding extrinsic evidence are reviewed for clear error. Indefiniteness is assessed based on whether the language informs skilled artisans about the scope of the invention with reasonable certainty.

In a patent case, a district court's grant of summary judgment is reviewed under the law of the regional circuit. Fed.Rules Civ.Proc.Rule 56, 28 U.S.C.A.

Analysis

The court analyzed the term 'pressurized collection vessel' and determined that it required some accumulation of material, which was absent in Dow's process where the dispersion flowed continuously. The court also evaluated the claims regarding viscosity and temperature limitations, concluding that they were not indefinite. The evidence presented by Akzo did not create a genuine issue of material fact regarding infringement, as it failed to demonstrate that Dow's process allowed for accumulation as required by the claims.

The issue of whether a patent has been infringed is amenable to summary judgment when no reasonable factfinder could find that the accused product contains every claim limitation or its equivalent. Fed.Rules Civ.Proc.Rule 56, 28 U.S.C.A.

Conclusion

The Court of Appeals affirmed the district court's summary judgment ruling, concluding that Dow's process did not infringe Akzo's patent either literally or under the doctrine of equivalents.

Affirmed.

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