Crown Packaging Technology, Inc. et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, January 22, 2008.
Thynge, J. Defendant’s motion for partial summary judgment of infringement of two patents is granted in part and denied in part.
Crown’s patents-in-suit (‘875 and ‘826) involve the geometric dimensions of beverage cans which results in less metal usage. Rexam argues that certain patents-in-suit are invalid as anticipated, obvious, indefinite and for failure to comply with the written description. Rexam also contends that their product does not infringe literally or under the doctrine of equivalents. After reviewing the records the Court determines that the ‘875 patent is invalid for failure to comply with the written description. As for ‘826, Crown concedes that Rexam does not literally infringe. However, it argues that even under the court’s construction, Rexam infringes under the doctrine of equivalents. The Court disagrees and grants Rexam’s motion as to the ‘826 patent.
A full copy of the opinion is available here.
