Patent Dispute Resolution: Federal Court Upholds 'No Infringement' Verdict in Wig Grip Legal Case
In a significant ruling, the U.S. Court of Appeals for the Federal Circuit (CAFC) has affirmed a district court's summary judgment of non-infringement in the case of NG LLC v. CreatedHair Designs, LLC. The case centred on the proper construction of a key claim term and the application of prosecution history estoppel.
The dispute revolved around U.S. Patents No. 10,945,477 and No. 10,881,159, which are owned by NG and concern a wig grip apparatus comprising a mesh element. The patents specify that the mesh element includes a forward periphery, and the wig grip apparatus terminates at the forward periphery.
During the prosecution of these patents, an amendment was made to overcome a § 112 rejection and the prior art of record. The amendment changed the limitation to state "the wig grip apparatus terminates at the forward periphery". However, this amendment was not sufficient to prevent the original claims from not including the relevant limitation.
The U.S. District Court for the Central District of California construed "the wig grip apparatus terminates at the forward periphery" to mean "the forward periphery of the mesh element is the most forward portion of the wig grip apparatus." This construction was challenged by NG, who argued that the term should be given its plain and ordinary meaning, allowing for the apparatus to end at other points.
However, the court determined that other parts of the wig grip apparatus (including the two securement members) cannot extend beyond the forward periphery of the mesh element. This decision was based on NG's statement that the mesh section extension to the forward edge was a distinguishing feature, which undermined NG's contention.
NG also argued for infringement under the doctrine of equivalents, but the Federal Circuit held that prosecution history estoppel barred this argument. The Federal Circuit agreed with the district court's application of prosecution history estoppel to NG's doctrine of equivalents argument.
The Federal Circuit's decision was further supported by the fact that the specification by NG discusses the mesh element's forward periphery in relation to the securement members. This discussion suggests that the forward periphery is indeed the most significant point of the wig grip apparatus.
In conclusion, the Federal Circuit's decision affirmed the district court's judgment, ruling in favour of CreatedHair Designs, LLC. This decision serves as a reminder of the importance of careful wording in patent claims and the application of prosecution history estoppel in patent infringement cases.
Read also:
- Industrial robots in China are being installed at a faster rate than in both the United States and the European Union, as the global market for these robots faces a downturn.
- Hyundai N affirms transition to hybrid performance-centric models, initiating with Tucson N
- EAFO Research Uncovers Crucial Elements in Electric Vehicle Adoption within the EU
- Stock markets in India anticipated a moderate opening, influenced by mixed signals from global markets.
