Literal Infringement Not Present Because An Outer Surface Is Not the Same as an Interior Surface
Case: Gillespie v. Dywidag Syst. Int'l, USA, 2006-1382 (Fed. Cir. 9/6/07)
The One Sentence Summary: The Federal Circuit found no literal infringement and reversed the district court's judgment, after modifying its claim construction, where the district court had effectively ignored a prosecution argument by the patentee which had illustrated how he understood the claim limitation, and had instead used a broader construction of the limitation under which there could be literal infringement.
What They Were Fighting About: Gillespie's patent for mine roof bolts included the limitation that the bolt have a "drive collar" and "an outer surface defining a drive head that accepts a driving mechanism", the only claim limitations the Dywidag bolt lacked. Gillespie's patent showed a hexagonal bolt, but the specifications stated a square or other-shaped bolt would do. The Dysidag bolt, however, was turned via a key socket, and so the question was whether literal infringement could be found. The parties stipulated that it could if the district court's claim construction were correct.
Federal Circuit Holdings:
The One Sentence Summary: The Federal Circuit found no literal infringement and reversed the district court's judgment, after modifying its claim construction, where the district court had effectively ignored a prosecution argument by the patentee which had illustrated how he understood the claim limitation, and had instead used a broader construction of the limitation under which there could be literal infringement.
What They Were Fighting About: Gillespie's patent for mine roof bolts included the limitation that the bolt have a "drive collar" and "an outer surface defining a drive head that accepts a driving mechanism", the only claim limitations the Dywidag bolt lacked. Gillespie's patent showed a hexagonal bolt, but the specifications stated a square or other-shaped bolt would do. The Dysidag bolt, however, was turned via a key socket, and so the question was whether literal infringement could be found. The parties stipulated that it could if the district court's claim construction were correct.
Federal Circuit Holdings:
- In reviewing the claim construction, the Federal Circuit noted that Gillespie had overcome a rejection of obviousness by distinguishing prior art that showed a bolt-like rock anchor having a head with a recess in the end, arguing it was impractical for engagement by a mine roof bolting machine. While the examiner did not cite this in his Reasons for Allowance, that was immaterial to the Federal Circuit's claim construction -- what was significant is that Gillespie argued this distinction, which showed what one of ordinary skill in the art would have understood the limitation to mean.
- The Federal Circuit disagreed with the district court's conclusion that a person of ordinary mechanical skill would read the specifications, drawings and claims to construe "outer surface" of the drive collar to include a collar whose interior, not exterior, accepts the drive tool. It observed that here the specifications and drawing showed a drive collar whose outer surface accepted the drive tool. While the outer surface need not be any particular shape, it must be outer to meet the claim limitation.
- By modifying the claim construction to require that a driving mechanism be applied to the outer surface, literal infringement did not exist, and the judgment was reversed.
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