Quimbee logo
DMCA.com Protection Status

Insituform Technologies, Inc. v. CAT Contracting, Inc.

385 F.3d 1360, 72 U.S.P.Q.2d 1870 (2004)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

Insituform Technologies, Inc. v. CAT Contracting, Inc.

United States Court of Appeals for the Federal Circuit

385 F.3d 1360, 72 U.S.P.Q.2d 1870 (2004)

Facts

Insituform Technologies, Inc. (Insituform) (plaintiff) held a patent (the 012 patent) that disclosed a method for repairing underground pipes by installing a resin-filled liner. Claim 1 disclosed a method in which windows were cut in the liner and a single vacuum cup was transferred between windows to create suction, moving the resin up the liner. Claim 1 of the original application for the 012 patent did not specify the number of vacuum cups, their location, or the location of the vacuum source. The use of a single vacuum cup applied to windows along the liner was only described in dependent claim 4. The application was rejected because another patent, the Everson patent, claimed the use of a single vacuum source at the end of a tube to fill liners with resin. Insituform amended the patent application so that claim 1 included the limitations in the original dependent claims, such as the use of a single cup. Insituform noted during patent examination that the Everson method was problematic because it required large suction compressors. Claim 1 as amended directly addressed that issue by moving the suction source closer to the resin. The prosecution history raised no discussion of a multiple-cup process. Insituform sued CAT Contracting, Inc. (CAT) (defendant) in federal court for infringement of claim 1 of the 012 patent. The accused CAT process used multiple vacuum cups. The district court ruled that the CAT process infringed on claim 1 under the doctrine of equivalents. CAT appealed.

Rule of Law

Issue

Holding and Reasoning (Schall, 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 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead 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.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership