The U.S. Court of Appeals for the Federal Circuit overturned a jury verdict based on a claim construction issue, finding Ford Motor Company did not infringe Wanerís patent for a fender liner used on dual rear wheel trucks. In addition, the Federal Circuit affirmed the dismissal of Wanerís unjust enrichment claim on summary judgement. Waner v. Ford Motor Co. , Case Nos. 02-1184, -1185 (Fed. Cir. June 4, 2003).
The Federal Circuit disagreed with the district courtís construction of the claim term "flange." Relying on a dictionary definition as well as intrinsic evidence (i.e., the "structure of the language of the claim"), the Court decided that the claimed fender liner must have a "flange" that is a raised or projecting edge and that the flange must exist prior to installation of the fender liner. Because Fordís fender liner was a single planar sheet before installation, the Federal Circuit ruled that no reasonable jury could have found infringement. Accordingly, the district courtís denial of a judgment as a matter of law (JMOL) for Ford was reversed.
The Court also affirmed the denial of Wanerís summary judgment motion for unjust enrichment in favor of Ford. The Federal Circuit agreed with the district court that, according to applicable state law, Wanerís had no protectable property interest during the time his invention was in the public domain. Waner sold his fender liners both to Ford and to the public at a horse show. At the time of the sales, Waner had no corresponding patent, nor did he have a confidentiality agreement with Ford. Because there was no dispute that Wanerís invention was in the public domain at that time, his claim of unjust enrichment was properly dismissed.
Judge Newman, in dissent, thought that the claim construction issue was a "close question" and argued for deference to the jury verdict. Judge Newman further argued that the complaint presented a course of action for "unjust enrichment," not trade secret violation as analyzed the majority, and should not have been dismissed.
The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
A man named David Slater left his camera unattended at the Tangkoko Reserve, and came back to find that a monkey had taken a selfie with his device. Last year, Slater published a book in which he used photos that the monkey had taken on the website blurb.com.
The ramifications of the copyright infringement battle between tech heavyweights Oracle and Google concerning APIs are significant for software entrepreneurs, says Brinks' Michael Hussey in his recent article for TechCrunch.com.
There are two types of taglines or slogans companies typically seek protection of, taglines tied to an advertising campaign or sales of a good or service, and taglines or slogans that are on merchandise intended to invoke or amuse people and drive them to purchase the merchandise.