United States Federal Circuit

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.

Appellate Information

• Decided 02/20/2004
• Published 02/20/2004

Judges

• FRIEDMAN, Senior Circuit Judge., Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• 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.


• For Appellees:
  
• 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.