United States Federal Circuit

In a patent infringement action, district courts' grant of plaintiff motion for summary judgment of noninfringement and denial of defendant's motion for preliminary injunction is affirmed where: 1) the district court did not err in finding there was no literal or equivalent patent infringement, as the Crystal A form of crystalline in plaintiff's product is not an equivalent of the Crystal B form in defendant's product, and plaintiff clearly demonstrated its intent to limit its patent to Crystal A; and 2) the court did not abuse its discretion in declining to enter a preliminary injunction against defendant's products.

Appellate Information

• Decided 05/18/2009
• Published 05/18/2009

Judges

Court

• United States Federal Circuit

Counsel