Split Fed. Circ. OKs Patent Decision Clearing Fuel Tank Maker

Law360 (December 3, 2019, 5:58 PM EST) -- A split panel of the Federal Circuit held in a decision unsealed Tuesday that a Delaware judge correctly found that Donghee America Inc. didn’t infringe two Plastic Omnium patents on making plastic fuel tanks, ruling the accused products operate differently from the patents.

Chief Judge Leonard P. Stark of the District of Delaware was correct in granting summary judgment of noninfringement to Donghee, the Federal Circuit majority said in an opinion that was issued under seal Nov. 21 and made public Tuesday.

The lower court's holding that Donghee does not infringe "was consistent with its claim construction order based on undisputed...

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