Viskase Cos., Inc. v. World Pac Int’l AG, No. 09 C 5022, Slip Op. (N.D. Ill. May 18, 2010) (Bucklo, J.).
Judge Bucklo construed the claims in this patent case regarding food curing technologies for use in packing sausages and other processed foods. The following construction were of particular note:
- The Court declined to construe "barrier casing" holding that "barrier" did not require construction beyond its ordinary meaning. The parties real dispute was over the term "impermeable" which the Court construed.
- The Court construed "impermeable" as "having a low enough permeability or transmission rate to steam and/or gas to prevent a measurable loss of weight, flavor, and taste during customary production, cooking, and storage." This construction required a lower permeability than any known in the industry because that is how the patentee defined impermeable in the specification noting that courts cannot redraft claims to avoid "nonsensical results."
- "Plastic Foils" was construed as "a self-supporting film or sheet of plastic." Because the patent contemplated laminating the plastic foil, it has to be self-supporting because only self-supporting foils can be laminated.
- The Court held that "woven" in "woven fibers, fabric, knits and fleece" modified only fibers, not fabric, knits or fleece.