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Atlantic Thermoplastics Co. Inc. v. Faytex Corp.
Court of Appeals for the Federal Circuit
970 F.2d 834 (1992)
Atlantic (plaintiff) owns the patent at issue, which contains both process claims and product-by-process claims, all directed to the manufacture of a shock absorbing shoe innersole. Atlantic sued Faytex (defendant) for infringement of the patent. Faytex did not actually manufacture the innersole. Instead, Faytex purchased the innersole from two distinct manufacturers: Surge and Sorbothane. The parties agreed that Surge infringed the patent. However, the district court held that Sorbothane did not infringe the patent because Sorbothane did not make the end-product by the process in any of Atlantic’s claims. Hence Faytex did not infringe by selling Sorbothane products.
Rule of Law
Holding and Reasoning (Rader, J.)
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