United States Federal Circuit

Judgment for defendants holding that they did not infringe plaintiff's patent on vandalism-resistant baby diaper changing stations is affirmed where: 1) the court did not err as a matter of law when it construed "partially hidden from view" to exclude totally hidden from view; 2) the court did not err by giving too much weigh to extrinsic evidence to construe the term "partially hidden from view;" 3) the term "partially hidden from view" is not presumed to have the same meaning as "generally hidden from view" or "at least partially hidden from view;" and 4) the court's construction was not erroneous for excluding both the preferred embodiment and every illustrated embodiment from the claims at issue.

Appellate Information

• Decided 06/04/2008
• Published 06/04/2008

Judges

• MOORE, Circuit Judge., Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MOORE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• P. Andrew Blatt, Wood, Herron & Evans, L.L.P., of Cincinnati, OH, argued for plaintiffs-appellants.   With him on the brief was Gregory F. Ahrens.


• For Appellees:
  
• Glenn D. Bellamy, Greenebaum Doll & McDonald PLLC, of Cincinnati, OH, argued for defendants-appellees.   With him on the brief were Carrie A. Shufflebarger and Nicholas D. Donnermeyer.