Fed. Circ. Upended Claim Construction Rules, Unifrax Says

Law360 (May 21, 2019, 3:53 PM EDT) -- The Federal Circuit has made a "drastic departure" from the accepted rules of claim construction by broadening the scope of a term in a DuPont Co. flame barrier insulation patent based on language from an entirely different patent, Unifrax LLC said in a bid to have the case reheard.

The panel majority went against the ordinary meaning of the phrase "100% by weight," relying on language from a piece of prior art, before ultimately agreeing with a jury that Unifrax infringed the patent, the company said in a May 17 petition for rehearing. The fibers company urged either the panel or...

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