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Corning Glass Works v. Sumitomo Electric USA, Inc.
Court of Appeals for the Federal Circuit
868 F.2d 1251, 9 USPQ2d 1962 (1989)
Corning (plaintiff) owned the ‘915 patent, among others, which was directed to revolutionary fiber optic cable technology, where the cable included a “doping material” as an element of the fiber’s code. Corning, in one case, sued Sumitomo (defendant) for infringement, and, in another case, was sued by Sumitomo for declaratory judgment of non-infringement. Both cases were consolidated. Sumitomo manufactured a fiber optic cable slightly different than the Corning claimed cable. Nonetheless, the district court held that the Sumitomo cable infringed the ‘915 patent under the doctrine of equivalents. Sumitomo appealed.
Rule of Law
Holding and Reasoning (Nies, C.J.)
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