CHEF AM., INC. v. LAMB-WESTON, INC., 03-1279
Plaintiff's patent, concerning a process for producing a flaky-textured dough product, unambiguously requires that the dough be heated "to" (rather than "at") 400-850 degrees Fahrenheit; because defendant's process does not involve heating its dough product to that temperature range, no infringement has occurred.
- Decided 02/20/2004
- Published 02/20/2004
FRIEDMAN, Senior Circuit Judge., Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.
United States Federal Circuit
Douglas B. Henderson,Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiff-appellant. With him on the brief was Allen M. Sokal. Of counsel on the brief was Diane Myndie Brown, General Counsel, Hand-Held Foods Group, Nestle USA-Prepared Foods Division, Inc., of Englewood, Colorado.
Robert A. Schroeder, Bingham McCutchen LLP, of Los Angeles, CA, argued for defendant-appellee. With him on the brief was Kevin K. Leung. Of counsel on the brief were John P. Passarelli, McGrath North Mullin & Kratz, of Omaha, Nebraska; and Rodney C. Jones, Lamb-Weston, Inc., of Eagle, Idaho.