EMD Millipore Corp. v. Allpure Techs., Inc., 768 F.3d 1196 (Fed. Cir. Sept. 29, 2014) (PROST, O’Malley, Hughes) (D. Mass.: Woodlock) (1 of 5 stars)
Federal Circuit affirms summary judgment of noninfringement. The patent claimed a device for introducing or withdrawing a fluid sample that was construed to require “at least one transfer member that can be removed from the magazine part of the device,” where the transfer member included a seal. The patentee argued there was literal infringement because disassembly of the accused product could qualify as the claimed removal. The Federal Circuit disagreed because the transfer member no longer had a seal after disassembly, as claimed. Moreover, prosecution history estoppel precluded a finding of infringement by equivalents. The patentee had made a narrowing amendment to the “seal” limitation and argued that none of the cited prior art “disclose a seal formed like the present one.” Slip op. at 12. So the presumption of estoppel applied, and the patentee presented nothing to rebut it.