Recent Successes
June 21, 2011
Yesterday, the U.S. Court of Appeals for the Federal Circuit affirmed a judgment of noninfringement in favor of Fitch Even clients MTS Systems Corporation and the Boeing Company. The case was ImageCube LLC v. The Boeing Co.
The lawsuit, which originated in the United States federal district court in Chicago, concerned a manufacturing process intended for use in preparing airplane parts. Plaintiff ImageCube alleged that this process, practiced by an MTS subsidiary known as Aeromet, infringed the claims of ImageCube's patent. In 2009, the district court adopted the claim construction advanced by MTS and granted partial summary judgment of noninfringement in favor of MTS. ImageCube stipulated that given the court's claim construction, it could not prove infringement by Boeing, and appealed with respect only to Boeing.
On appeal, the Federal Circuit affirmed the claim construction, holding that ImageCube could not establish liability for infringement by Boeing. The court held the patent claims not to be infringed by the Aeromet processes practiced using a single powdered alloy.
Fitch Even attorneys Allen E. Hoover and Kendrew H. Colton represent MTS Systems Corporation and represented Boeing on the appeal.
