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Written May 6, 2019
The Court of Appeals for the Federal Circuit on April 17, 2019, affirmed a district court’s ruling that Unifrax I LLC, a global specialty fibers company, infringed DuPont’s patent for materials in thermal-acoustic blankets that are installed in airplanes. E.I. du Pont de Nemours and Company v. Unifrax I LLC, Fed. Cir., No. 17-2575.
The central issue in the appeal centered on claim construction; specifically, the two companies disagreed on the meaning of the term “100% by weight.” To determine the meaning, the Federal Circuit looked at the disclosure of the patent being disputed, as well as the parent of that patent. In a dissent, Judge Kathleen M. O’Malley said the lower court’s decision was "predicated on an erroneous construction” and “introduces more ambiguity than it resolves.”
The central issue in the appeal centered on claim construction; specifically, the two companies disagreed on the meaning of the term “100% by weight.” To determine the meaning, the Federal Circuit looked at the disclosure of the patent being disputed, as well as the parent of that patent. In a dissent, Judge Kathleen M. O’Malley said the lower court’s decision was "predicated on an erroneous construction” and “introduces more ambiguity than it resolves.”
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