Miken Composites, LLC v Wilson Sporting Goods Co., 06-1628

On February 6, 2008, the Federal Circuit affirmed the district court’s summary judgment that Miken's carbon fiber bats did not infringe a patent claiming a bat comprising "an insert positioned within the frame." The ordinary and customary meaning of "insert" is "something inserted or intended for insertion." Wilson contends that the "insert" limitation is purely structural and equal to the carbon fiber bat's "internal component" limitation. The court disagreed, stating that "that this ordinary meaning has functional attributes does not change the fact that the claim recites a structural component, albeit one possessed with certain understood characteristics."