Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

Atlantic Thermoplastics Co. Inc. v. Faytex Corp.

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

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 507,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 507,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial