Advanced Fiber Technologies (AFT) Trust v. J & L Fiber Services, Inc.

674 F.3d 1365, 102 U.S.P.Q. 2d (BNA) 1361, 2012 WL 1088698, 2012 U.S. App. LEXIS 6641
CourtCourt of Appeals for the Federal Circuit
DecidedApril 3, 2012
Docket2011-1243
StatusPublished
Cited by44 cases

This text of 674 F.3d 1365 (Advanced Fiber Technologies (AFT) Trust v. J & L Fiber Services, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Advanced Fiber Technologies (AFT) Trust v. J & L Fiber Services, Inc., 674 F.3d 1365, 102 U.S.P.Q. 2d (BNA) 1361, 2012 WL 1088698, 2012 U.S. App. LEXIS 6641 (Fed. Cir. 2012).

Opinions

Opinion for the court filed by Circuit Judge LOURIE.

Opinion dissenting in part filed by Circuit Judge DYK.

LOURIE, Circuit Judge.

Advanced Fiber Technologies (AFT) Trust (“AFT”) appeals from the district court’s construction of certain claim terms and its grant of summary judgment of noninfringement and lack of -willfulness in favor of J & L Fiber Services, Inc. (“J & L”). We affirm the grant of summary judgment on -willfulness. Because the district court erred in its interpretation of a term in its claim construction, however, we reverse the grant of summary judgment of noninfringement and remand. We do not address AFT’s arguments concerning the district court’s denial of summary judgment with respect to invalidity, which is not properly before us.

Background

The patented technology in this appeal involves screening devices used in the pulp and paper industry. To make paper, one must screen “stock,” a mixture of paper pulp and water, to remove unwanted components such as sticks and other oversized contaminants. The screening may be accomplished using a flat or cylindrical screen containing openings. According to the specification of asserted U.S. Patent RE39,940 (the “'940 patent”), a persistent problem in the screening process is clogging of the openings in the screen resulting in reduced screening efficiency. The '940 patent purports to address this problem with specially designed screening devices that offer substantially increased efficiency and flow capacity, among other beneficial characteristics.

Figure 2 of the '940 patent illustrates one embodiment of the claimed invention:

[1368]*1368[[Image here]]

'940 patent fig. 2. The figure depicts a cross-sectional view of a screen cylinder 10 comprising a screening medium 12 and a structural backing plate 14.1 Stock is introduced into the interior of the cylinder and is screened as it flows through the screening medium and backing plate to the outside of the cylinder. The screening medium contains openings through which pulp fibers can pass, and the backing plate structurally supports the screening medium. As the patent explains, the disclosed device “is an optimal structure with regard to both open area and strength.” Id. col.9 11.42-43.

At issue on appeal are independent claims 1, 10, and 18, as well as asserted dependent claims that the parties do not argue separately. Claim 1 claims a screen cylinder comprising a screening medium and a structural backing plate, both of which contain openings.2 Claim 10 claims a screen plate for screening pulp compris[1369]*1369ing a screening medium containing slots and a structural backing plate containing openings. Claim 18 claims a method of manufacturing a screen for use in screening pulp.3

AFT’s '940 patent is a reissue of its earlier U.S. Patent 5,200,072 (the “'072 patent”). In September 2003, AFT submitted the '072 patent to the U.S. Patent and Trademark Office (“PTO”) for reissue. In January 2006, the PTO rejected the pending claims as anticipated under 35 U.S.C. § 102(b) by a prior art patent issued to Gillespie, U.S. Patent 4,276,265 (“Gillespie”). Gillespie discloses “screens for use in process flow stream applications,” such as a “radial flow catalytic reactor.” J.A. 1060. The examiner stated that “[ajlthough Gillespie is not directed to a pulp fiber sorting application, ... [structurally, applicant’s claimed screen device is indistinguishable from Gillespie’s screen.” J.A. 349.

AFT responded to the rejection in May 2006, arguing that, whereas “the Gillespie device is neither intended to be used or appropriate for use for the pulp treatment art,” the pending claims require “a screen cylinder used in the treatment of pulp.” J.A. 322-23. AFT quoted portions of the '072 patent’s written description discussing the use of its invention for pulp screening and also noted that certain claim terms “are terms of the pulp treatment art.” J.A. 322. To prove the latter point, AFT provided the following definitions from the Handbook of Pulp and Paper Technology (the “Handbook ”)4 as evidence that [1370]*1370“these terms have specific meaning in the art of the present invention and would be understood by those of skill in the art to have such meanings as presented in the specification.” J.A. 323.

SCREEN: Separation device utilizing some type of perforated, barrier for removing unwanted material from a stock stream.
SCREENING: Process step involving passage of stock through some form of perforated barrier to remove oversize, troublesome and unwanted particles from good fiber.
SCREEN PLATE: Perforated metal plate utilized on many designs of pulp screening equipment that impedes pulp flow and is instrumental in causing a separation between suspended particles on the basis of their size, shape, and/or flexibility.

J.A. 322-23 (emphases added).

As additional evidence that Gillespie would not work for screening pulp fiber, AFT contrasted Gillespie’s slot width with that of the claimed invention, arguing that “the slot sizing of the Gillespie screen further underscores how inappropriate the Gillespie device is for screening pulp fibers.” J.A. 324. Specifically, AFT stated that Gillespie’s slots of 0.762 mm are “over three times the size” of the slots of the claimed invention:

[P]ulp fibers have diameter less than 50 microns (0.050 mm) and typically slot widths of 0.2 mm would be used for aspects of the invention. In contrast, the Gillespie screen slots are 0.030 inches, that is, 0.762 mm. The slots of Gillespie are over three times the size of the slot width of the present invention.

Id. (emphasis added). In response to AFT’s arguments, the examiner withdrew the rejection over Gillespie.

On November 9, 2007, after receiving a notice of allowance in its ongoing reissue prosecution, AFT sued J & L for patent infringement under the original patent and its reissue. In December 2007, the patent reissued as the '940 patent. AFT’s infringement allegations centered on screening devices made and sold by J & L under the brand name “V-Max” for use in the pulp and paper industry. AFT also alleged willful infringement.

J & L denied infringement. Based on a number of prior art references, J & L also asserted invalidity as an affirmative defense and counterclaimed for a declaratory judgment of invalidity. On September 13, 2010, the district court issued its Memorandum-Decision and Order construing the disputed claim terms and addressing the parties’ cross-motions for summary judgment on invalidity and infringement. Advanced Fiber Techs. Trust v. J & L Fiber Servs., Inc., 751 F.Supp.2d 348 (N.D.N.Y.2010).

The district court construed the claim term “screening medium” in claims 1 and 10 and its synonym “screening plate” in claim 18. The court concluded that AFT, in distinguishing Gillespie during reissue prosecution, unambiguously limited the scope of its claims to the paper and pulp industry. Accordingly, the court relied on the definition of “screening” from the Handbook

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674 F.3d 1365, 102 U.S.P.Q. 2d (BNA) 1361, 2012 WL 1088698, 2012 U.S. App. LEXIS 6641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/advanced-fiber-technologies-aft-trust-v-j-l-fiber-services-inc-cafc-2012.