Multilayer Stretch Cling Film Holdings, Inc., v. Berry Plastics Corporation
No. 2015-1420, -1477 Fed. Cir. Aug. 4, 2016 Opinion by Circuit Judge Dyk with Circuit Judge Plager. Opinion dissenting in part by Circuit Judge Taranto.
Multilayer appealed the lower court’s summary judgment of non-infringement of US Patent No. 6,265,055 and invalidation of Claim 10 of the ‘055 patent under 35 USC §112(d). Berry appealed the denial of its request for sanctions against Multilayer under Rule 11 of the Federal Rules of Civil Procedure. The Federal Circuit reversed the lower court’s claim construction of the Markush group appearing in Claims 1 and 28 of the ‘055 patent.
Federal Bar member attorneys may access the full case summary by Barnwell Whaley attorney Bill Killough in the September 2016 issue of Federal Circuit Case Digest. https://www.fedcirbar.org/IntegralSource/Case-Digest
B.C. “Bill” Killough is a registered patent attorney with Barnwell Whaley law firm with offices in Charleston, SC and Wilmington, NC. On behalf of his clients, Bill has obtained more than 275 United States patents, participated in prosecuting more than 100 foreign patent applications and he has filed more than 1000 trademark applications with the US Patent and Trademark Offices.
