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Husky Injection Molding Systems Ltd. v. R&D Tool & Engineering
United States Court of Appeals for the Federal Circuit
291 F.3d 780 (2002)
Husky Injection Molding Systems Ltd. (Husky) (plaintiff) held a patent for an injection molding machine using a carrier plate and mold to make injectors. Neither the carrier plate nor the mold was patented. Husky sold products embodying the invention and sold replacement molds and carrier plates, as typically needed every three years. Husky also sold molds separately when customers wanted to make a different type of injector. R&D Tool & Engineering (R&D) began selling replacement injection molds and carrier plates, including those customized to customer specifications. Husky sued R&D for contributory infringement, alleging that although R&D’s parts were unpatented and the carrier plates were a staple, the sale of the mold and plate combination amounted to impermissible reconstruction of the claimed invention, thus contributory infringement. The district court granted summary judgment of noninfringement based on its conclusion that R&D’s replacement of the mold and carrier plate were more akin to repair than reconstruction. Husky appealed.
Rule of Law
Holding and Reasoning (Dyk, J.)
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