United States Federal Circuit

In a patent infringement suit, involving patents directed to DNA constructs encoding a type of porcine cirovirus, district court's entry of summary judgment of noninfringement based on its construction of six disputed claim terms is reversed in part, vacated in part and remanded where: 1) the district court's claim construction is reversed as it erred in construing the disputed claims of the patent in suit; 2) district court's judgment of noninfringement is vacated; and 3) because the district court erred in finding that prosecution history estoppel precluded defendant from arguing that the accused product is equivalent to one of the exemplary embodiments of the asserted claim, district court is instructed to consider on remand arguments related to literal infringement and to infringement under the doctrine of equivalents.

Appellate Information

• Decided 08/04/2010
• Published 08/04/2010

Judges

• PROST

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William G. James, J. Patrick Elsevier