Wednesday, September 12, 2012

Claim Term “Sufficiently Rigid” was not Insolubly Ambiguous and did not Render Claim Indefinite

Following claim construction the court denied defendants' motion for summary judgment that plaintiff's patty molding patent was indefinite. "[Plaintiff's expert] explains that a person of ordinary skill in the art would understand that the term 'sufficiently rigid' is satisfied if the angular strut can transfer the forces applied to it by the reciprocating forces of the movement of the mold plate without failing. . . . Because the designer will make a determination of the required dimension of the strut based on the 'worst-case scenario,' a person of ordinary skill in the art can make a ready calculation of the bounds of the claim. . . . Therefore, based on the factual determination set out by [plaintiff's expert], I find that the evidence does not support a conclusion that the terms are '‘not amenable to construction’ or ‘insolubly ambiguous’' and invalid for indefiniteness."

Formax Inc. v. Alkar-RapidPak-MP Equipment Inc., et. al., 1-11-cv-00298 (WIED September 10, 2012, Order) (Griesbach, J.).

No comments: