Atlantic Thermoplastics Co. Inc. v. Faytex Corp.

970 F.2d 834, 23 USPQ2d 1481 (1992)

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Atlantic Thermoplastics Co. Inc. v. Faytex Corp.

Court of Appeals for the Federal Circuit
970 F.2d 834, 23 USPQ2d 1481 (1992)

  • Written by Craig Conway, LLM

Facts

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

Issue

Holding and Reasoning (Rader, J.)

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Casebooks

Patent

Key Terms

  • Product-by-process claimA claim in which the product is defined at least in part in terms of the method or process by which it is made.

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