X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Appealed from: United States District Court for the District of Arizona Judge Bruce M. Van Sickle

Karsten Manufacturing Corporation (“Karsten”) appeals the grant of summary judgment by the United States District Court for the District of Arizona, *fn2 construing the claims and, based on the claim construction, ruling that United States Patents Nos. 4,621,813 and 5,193,805 are not infringed and Patent No. 5,297,803 is invalid as to claims 1-8. The judgments of noninfringement of the ’813 and ’805 patents are affirmed. For the ’803 patent, the judgment of invalidity of claims 1-6 is affirmed, and the judgment of invalidity of claims 7-8 is reversed.

We give plenary review to the construction of patent claims, as a matter of law. Markman v. Westview Instruments, Inc., 517 U.S. 370, 38 USPQ2d 1461 (1996). The grant of a motion for summary judgment of noninfringement or invalidity is reviewed on the same standard as is applied by the district court, viz. whether upon application of the correct law a reasonable jury could find for the non-movant when all disputed material facts and factual inferences are resolved in favor of the non-movant. When no reasonable jury could find for the non-movant, the movant is entitled to judgment as a matter of law. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (the purpose of the summary judgment procedure is not to deprive a litigant of a trial, but to avoid an unnecessary trial when there is only one reasonably possible outcome). We thus determine afresh whether the criteria for grant of summary judgment were met, and whether the judgment was correct. See, e.g., EMI Group North America, Inc. v. Intel Corp., 157 F.3d 887, 891, 48 USPQ2d 1181, 1184 (Fed. Cir. 1998).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More

The New Jersey Law Revision Commission, an independent legislative commission (N.J.S. 1:12A-1 et seq.), seeks a NJ-licensed atty in good sta...


Apply Now ›

The Federal Election Commission (FEC) is looking for a passionate and dedicated individual with extensive litigation experience as well as o...


Apply Now ›

We are seeking an attorney with a minimum of four years of experience in transactional work to join our well-established, nationally renowne...


Apply Now ›