Summary: CAFC affirms judgment of no violation in ITC case.

Case: Indus. Tech. Research Inst. v. Int’l Trade Comm’n, No. 2013-1480 (Fed. Cir. June 23, 2014) (non-precedential). On appeal from the International Trade Commission in Investigation No. 337-TA-805. Before Moore, Clevenger, and O’Malley.

Procedural Posture: Plaintiff appealed ITC’s finding that respondents did not violate section 337. CAFC affirmed the Commission’s construction of the contested claim term, as well as its finding of no infringement and failure to meet the domestic industry requirement.

  • Claim Construction: CAFC affirmed the construction of the claim term “structured arc sheet” as meaning “a sheet that is constructed in the shape of an arc.” The intrinsic evidence made clear that the entire sheet must be in the shape of arc, as opposed to part of the sheet containing an “arc-like structure.” Remaining issues are moot because Plaintiff did not contest the Commission’s finding of no infringement and failure to meet the technical prong of the domestic industry requirement under this construction.

Olena Ierega