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Aktiebolaget Karlstads Mekaniska Werkstad v. United States International Trade Commission

705 F.2d 1565, 217 U.S.P.Q. 865 (1983)

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Aktiebolaget Karlstads Mekaniska Werkstad v. United States International Trade Commission

United States Court of Appeals for the Federal Circuit

705 F.2d 1565, 217 U.S.P.Q. 865 (1983)

Facts

A patent (the ‘269 patent) claimed a papermaking-machine headbox with a full-width, self-positionable trailing element. The ‘269 patent was issued to joint inventors Hill, Parker, and Hergert and assigned to Beloit Corporation. The application that resulted in the ‘269 patent was split off into a separate, divisional application, which later became a separate patent (the ‘037 patent) issued to Hill as sole inventor. The ‘037 patent claimed a headbox with a self-positionable trailing element. A full-width-sheet design was not part of the ‘037 patent’s claim, but it was mentioned as the best mode of practicing the invention. The United States International Trade Commission (ITC) investigated possible infringement of the ‘269 patent by the German company Aktiebolaget Karlstads Mekaniska Werkstad (KMW). Beloit stated that Hill alone had invented a headbox with a self-positionable trailing element before the joint invention but that Hill’s invention lacked the full-width design. KMW argued that the ‘037 patent was prior art that anticipated the ‘269 patent. The ITC determined that the ‘037 patent did not anticipate the ‘269 patent. The case was appealed to the United States Court of Appeals for the Federal Circuit.

Rule of Law

Issue

Holding and Reasoning (Rich, J.)

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