Chicago IP Attorney & Lawyer : R. David Donoghue : Chicago IP Litigation Blog

Easypower Corp. v. Alden Corp., __ F. Supp.2d __, 2007 WL 4191837 (N.D.Ill. Nov. 21, 2007) (Denlow, Mag. J.).

Judge Denlow denied defendant Alden Corp.’s (“Alden”) motion for reconsideration of the Court’s construction of “acute angle relative to the axis.” The Court’s construction required an angle less than 90°, and further required that if there were two or more angles, any two angles together be greater than 90°. Alden argued that the requirement regarding two or more angles was improperly read into the claim without support in the specification. But the Court held that the limitation was required based upon the clear language of the specification. Additionally, the Court noted that the parties were given ample opportunities to argue the issue, both on the papers and during the Markman hearing.

• Email This
• Print
• Comments
• Trackbacks

Eazypower Corp. v. Alden Corp., __ F. Supp.2d __, 2007 WL 2601309 (N.D. Ill. Sep. 6, 2007) (Denlow, Mag. J.)

Magistrate Judge Denlow construed the claims of plaintiff’s patents regarding bits for removing damaged screws and fasteners. Of particular interest, the Court defined “in a place including the axis” as “simply what is says”:  “in a plane including the axis.” Plaintiff argued that the Court should read manufacturing tolerances into the term. But the Court held that manufacturing tolerances could not be read into claim terms citing Senned, Inc. v. Richard-Allan Med. Indus., Inc., 888 F.2d 815 (Fed. Cir. 1989).

Of course, if the specifications and prosecution histories do not limit the doctrine of equivalents, plaintiff will be able to recapture products that would meet the “in a plane including the axis” but for manufacturing tolerances.

• Email This
• Print
• Comments
• Trackbacks