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Article: The Federal Circuit Overturns Jury Verdict Based On Modified Claim Construction.(chemical patent suit)
- Article from:
- Mondaq Business Briefing
- Article date:
- October 9, 2002
- Author:
CopyrightCOPYRIGHT 2002 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The U.S. Court of Appeals for the Federal Circuit after modifying the district court's construction of the claim term "composition," vacated
a jury verdict of infringement and remanded the case. PIN/NIP, Inc. v. Platte Chemical Co., 02-1056, 2002 U.S. App. LEXIS 18151 (Fed. Cir. 2002)
The plaintiff filed suit seeking a declaration that the defendant's patent is invalid and not infringed. The defendant counterclaimed for infringement. The patent in issue was directed to a composition for inhibiting sprout growth in tubers, such as potatoes. The prior art included the chemical CIPC and the substances DMN and DIPN. The claimed invention required a ...