"NG challenged the district court's construction of the term as it reads a limitation into the term. The term should be given 'its plain and ordinary meaning, with 'terminates at' being understood to convey that the wig grip apparatus comes to an end,' but allows for the apparatus to end at other points as well, said the decision. Under NG's proposed construction, different portions of the apparatus could 'extend beyond the forward periphery of the mesh portion.'"
"The Federal Circuit rejected NG's argument, finding that 'the entire wig grip apparatus of claim 1 terminates at the forward periphery of the mesh element because the wig grip encompasses the mesh element, and the wig grip terminates at the forward periphery of the mesh element.' The court determined that the 'other parts of the wig grip apparatus (including the two securement members) cannot extend beyond it.'"
The Federal Circuit affirmed summary judgment of non-infringement in NG LLC v. CreatedHair Designs, LLC. The patents at issue are U.S. Patent Nos. 10,945,477 and 10,881,159, covering a wig grip apparatus comprising a mesh element. Claim 1 specifies that the mesh element includes a forward periphery and that the wig grip apparatus terminates at that forward periphery. The Central District of California construed the forward periphery as the most forward portion of the wig grip apparatus. NG argued for a plain-meaning construction allowing other parts to extend beyond the mesh forward periphery. The Federal Circuit rejected NG's construction and held the wig grip apparatus must terminate at the mesh forward periphery, with prosecution history estoppel precluding recapture of surrendered claim scope.
Read at IPWatchdog.com | Patents & Intellectual Property Law
Unable to calculate read time
Collection
[
|
...
]