Posts Tagged: "literal infringement"

Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential public opinion affirming the District Court for the District of Delaware’s grant of summary judgment of noninfringement for Donghee America, Inc. and Donghee Alabama, LLC (Donghee). The CAFC held that the summary judgment ruling was consistent with the claim construction and supported by the facts on the record. A sealed opinion was delivered on November 21.

The plaintiff, Plastic Omnium Advanced Innovation and Research (Plastic Ominum), owns two patents for blow molding plastic fuel tanks, U.S. Patent Nos. 6,814,921 (‘921) and 6,866,812 (‘812). The patents outline a system to manufacture the tanks in a manner that allows accessory components to be installed without damaging or removing part of the tank’s wall. The ‘812 patent describes a method in which a hollow plastic tube, called a parison, is extruded, formed, and then cut by a blade at the exit of the extruder. The dispute arises out of the ‘921 patent’s description of an “extruded parison” limitation.