Federal Circuit Finds Infringement Even After Product No Longer Meets Claim Limitations At Final Sale
By Ezra Pinsky – Edited by Sarah Sorscher
Gemtron Corp. v. Saint-Gobain Corp., No. 2009-1001 (Fed. Cir. July 20, 2009).
On July 20th, the United States Court of Appeals for the Federal Circuit affirmed a district court (Western District of Michigan) decision to grant a permanent injunction against Saint-Gobain because their refrigerator shelves infringed on Gemtron’s patent. The district court held that the patent encompasses shelves that are “relatively resilient” and flexible “when glass is being inserted into the frame” and not only “in the finished product.” It therefore covered several types of Saint-Gobains shelves and the court granted a partial summary judgment of infringement against those particular models. In an ensuing trial, a jury found that several other Saint-Gobains models infringed on the patent as well. The court then entered judgment in favor of Gemtron and granted a permanent injunction against further infringement. Writing for the Court of Appeals, Judge Linn affirmed both the lower court’s grant of summary judgment and its permanent injunction.
Patent law blogs PatentlyO, The Patent Prospector, and Gray on Claims summarize the court’s opinion and reasoning. Barry Barnett at Blawgletter examines the question of how Saint-Gobain could have infringed the U.S. patent when the shelves met the claim limitations only during their assembly in Mexico. (more…)