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United States Court of Appeals for the Federal Circuit
July 14, 2005, Decided
[***1547] [*1338] LOURIE, Circuit Judge.
North American Container, Inc. ("NAC") appeals from the decision of the United States District Court for the Northern District of Texas granting summary judgment of noninfringement in favor of Plastipak Packaging, Inc. and other similarly situated manufacturers and distributors of blow-molded plastic bottles (collectively "Plastipak") of United States Reissue Patent 36,639 [**4] ("the '639 patent"). N. Am. Container, Inc. v. Plastipak Packing Inc., No. 3: 99-CV-1749-L (N. D. Tex. Nov. 28, 2003) ("Summary Judgment"). NAC also appeals from the district court's decision granting summary judgment that reissue claims 29-42 of the '639 patent are invalid for violating the rule against recapture of previously surrendered subject matter. Plastipak cross-appeals from the district court's decision granting summary judgment that the '639 patent is not invalid for anticipation by U.S. Patent 4,335,821 to Collette. Because we agree with the district court's construction of the claim limitation "generally convex," we affirm the summary judgment of noninfringement for all accused bottles found not to meet that limitation. We further affirm the summary judgment of invalidity of reissue claims 29-42. Because we modify, however, the district court's construction of the claim limitation "re-entrant portion," we vacate the summary judgment of noninfringement for all accused bottles found not to meet only that limitation, and remand for the court to determine whether the limitation is met based on our modified claim construction. The cross-appeal is dismissed.
I. The '639 Patent
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
415 F.3d 1335 *; 2005 U.S. App. LEXIS 14206 **; 75 U.S.P.Q.2D (BNA) 1545 ***
NORTH AMERICAN CONTAINER, INC., Plaintiff-Appellant, v. PLASTIPAK PACKAGING, INC., AMERICAN BOTTLING COMPANY, INC., CNC CONTAINER, KRAFT FOODS, INC., SHASTA BEVERAGES, INC., THE KROGER COMPANY, and WIS-PAK PLASTICS, INC., and SILGAN PLASTICS CORPORATION, and THE CLOROX COMPANY, and RECKITT BENCKISER INC., and BARTON BRANDS, LTD., and AMERICAN NATIONAL CAN GROUP, INC., and SUIZA FOODS CORPORATION, and COCA-COLA BOTTLING, CO. CONSOLIDATED, COCA-COLA ENTERPRISES, CONTINENTAL PET TECHNOLOGIES, INC., OWENS-ILLINOIS, INC., OWENS-BROCKWAY PLASTIC PRODUCTS, INC., SOUTHEASTERN CONTAINER, INC., and WESTERN CONTAINER CORPORATION, and CONSTAR, INC., AB-TEX BEVERAGE CORPORATION, and DR. PEPPER BOTTLING COMPANY OF TEXAS, and ALBERTSON'S INC., and SAFEWAY, INC., SCHMALBACH-LUBECA PLASTIC CONTAINERS USA, INC., THE CAMPBELL SOUP COMPANY, KNOUSE FOODS COOPERATIVE, INC., and THE J.M. SMUCKER COMPANY, and UDV NORTH AMERICA, INC., and BCB USA CORP. (now known as Cott Beverages, Inc.), and TROPICANA PRODUCTS, INC., and HEINZ USA, and COLGATE-PALMOLIVE COMPANY, and THE PERRIER GROUP OF AMERICA, INC., and QUAKER OATS COMPANY, and DANONE INTERNATIONAL BRANDS, INC., and GREAT BRANDS OF EUROPE, INC., Defendants-Cross Appellants.
Subsequent History: Rehearing denied by N. Am. Container, Inc. v. Plastipak Packaging, Inc., 2005 U.S. App. LEXIS 21311 (Fed. Cir., Sept. 7, 2005)
Prior History: [**1] Appealed from: United States District Court for the Northern District of Texas. Judge Sam A. Lindsay.
N. Am. Container, Inc. v. Plastipak Packaging, Inc., 2003 U.S. Dist. LEXIS 15530 (N.D. Tex., Sept. 8, 2003)
Disposition: AFFIRMED-IN-PART, VACATED-IN-PART, AND REMANDED.
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