Multilayer Stretch Cling Film Holdings, Inc. v. Berry Plastics Corp., No. 15-1420 (Fed. Cir. 2016)
Annotate this CaseMultilayer sued Berry Plastics, alleging infringement of its patent, which relates to multilayered plastic cling wrap films. The district court construed the claims of the patent as not covering (i.e., closed to) blends of the four resins expressly recited by those claims or unlisted resins, instead requiring that each of five inner layers within the film be composed of only one of the listed resins. The court granted Berry summary judgment of non-infringement. The court also invalidated claim 10 of the patent under 35 U.S.C. 112(d), but denied Berry’s request for sanctions against Multilayer under FRCP 11. The Federal Circuit vacated the summary judgment, finding that the district court erred in one aspect of its claim construction. There is nothing in the prosecution history of the patent to suggest that blends of the resins are excluded. The court affirmed that claim 10 of the patent is invalid and the court’s decision not to impose sanctions against Multilayer.
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