Norgren Inc. v. International Trade Commission

699 F.3d 1317, 104 U.S.P.Q. 2d (BNA) 1740, 34 I.T.R.D. (BNA) 2193, 2012 U.S. App. LEXIS 23388, 2012 WL 5503581
CourtCourt of Appeals for the Federal Circuit
DecidedNovember 14, 2012
Docket2011-1349
StatusPublished
Cited by14 cases

This text of 699 F.3d 1317 (Norgren Inc. v. International Trade Commission) 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
Norgren Inc. v. International Trade Commission, 699 F.3d 1317, 104 U.S.P.Q. 2d (BNA) 1740, 34 I.T.R.D. (BNA) 2193, 2012 U.S. App. LEXIS 23388, 2012 WL 5503581 (Fed. Cir. 2012).

Opinions

Opinion for the court filed by Circuit Judge LINN.

Dissenting opinion filed by Circuit Judge MOORE.

LINN, Circuit Judge.

Norgren, Inc. (“Norgren”) appeals from the International Trade Commission’s (“Commission”) determination of no violation of section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) (“section 337”) by the importation or sale by SMC Corporation and SMC Corporation of America (collectively “SMC”) of devices alleged to infringe Norgren’s U.S. Patent No. 5,372,392 (“'392 Patent”) based on the Commission’s conclusion that claims 1-5, 7, and 9 are invalid as obvious. Certain Connecting Devices (“Quick Clamps”) for Use with Modular Compressed Air Conditioning Units, Including Filters, Regulators, and Lubricators (“FRL’s”) That Are Part of Larger Pneumatic Sys. and the FRL Units They Connect, Inv. No. 337-TA-587, slip op. at 1-3, 42 (U.S. Int’l Trade Comm’n June 3, 2011)(Commission Opinion)(“Commission Op.”). Because the decision of the Commission is supported by substantial evidence and is not arbitrary, capricious, or legally erroneous, this court affirms.

I. Background

A. The '392 Patent

The '392 Patent discloses a “four-sided, generally rectangular clamp” for connecting two fluid flow elements, especially the fluid flow elements used in compressed air systems — filters, regulators, and lubricators. '392 Patent col. 1 11. 6-10, 39-54. According to the '392 Patent, previous “connecting means” were “relatively expensive to produce and/or have consisted of loose parts that have to be assembled by the user, some of which are susceptible to being lost.” Id. col. 1 11. 26-31. The objective of the invention in the '392 Patent was to “provide a simple, relatively inexpensive, preferably unitary connecting means ... which permits ready disconnection of the elements when desired.” Id. col. 1 11. 32-36. The only independent claim of the '392 Patent — claim 1 — claims a four-sided, generally rectangular clamp structure having a hinged side that can be opened to receive the flanges of the fluid flow elements and closed to hold the flanges:

1. Connecting structure for contiguously connecting together a pair of fluid-flow elements, each fluid flow element including a generally rectangular ported flange so as to define a pair of ported flanges associated with the fluid-flow elements, said connecting structure comprising:
a four-sided, generally rectangular clamp adapted, in its operative clamping position, to engage, in parallel relationship with one another, the pair of ported flanges, one of said sides of the clamp being pivotally mounted so that said one side can be pivoted out of said operative clamping position in order to permit reception of said flanges into the clamp and then pivoted back into said operative clamping position,
sealing means for establishing fluid-tight communication between the respective ports formed in said flanges, and
locking means for releasably locking said one side in said operative clamping position, in which position the clamp urges the flanges towards one another [1321]*1321thereby establishing together with said sealing means, said fluid-tight communication between said ports.

Id. col. 411. 44-66 (emphasis added).

B. Previous Proceedings

Norgren filed a complaint with the Commission asserting that the importation or sale of SMC devices alleged to infringe the '392 Patent violates section 337. The administrative law judge (“ALJ”) found no section 337 violation because he construed the claims to require four projecting rims on the flange of the fluid flow element whereas the SMC flanges have only two such rims. The ALJ also found the claims of the '392 Patent to be nonobvious. On appeal, this court reversed the noninfringement determination because “the ‘generally rectangular ported flange’ of the asserted claims of the '392 patent is not limited to a flange having four projecting rims.” Norgren Inc. v. Int’l Trade Comm’n, 336 Fed.Appx. 991, 995-96 (Fed.Cir.2009) (nonprecedential)(“Norprew /”). This court also vacated the ALJ’s determination of nonobviousness and remanded for the ALJ to consider obviousness under the new claim construction. Id. at 996.

On remand, the ALJ, focusing on the obviousness of the clamp itself, found the asserted claims of the '392 Patent not invalid under 35 U.S.C. § 103. The Commission reversed the decision of the ALJ, finding that the asserted claims of the '392 Patent were obvious, and thus finding no section 337 violation. The Commission found that a prior art SMC clamp (“old-style SMC connector”) is both four-sided and generally rectangular, that the addition of a hinge to the old-style SMC connector would have been obvious to a person having ordinary skill in the art, and that the evidence failed to show secondary considerations to support a finding of non-obviousness. The Commission also found that the limitations of the dependent claims did not render them nonobvious. Norgren appealed. We have jurisdiction under 28 U.S.C. § 1295(a)(6).

II. Discussion

A. Standard of Review

The Commission’s interpretation of the patent statute is reviewed de novo and factual findings are reviewed for substantial evidence. Corning Glass Works v. U.S. Int’l Trade Comm’n, 799 F.2d 1559, 1565 & n. 5 (Fed.Cir.1986)(citing 5 U.S.C. § 706). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Universal Camera Corp. v. NLRB, 340 U.S. 474, 477, 71 S.Ct. 456, 95 L.Ed. 456 (1951) (quoting Consol. Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)) (internal quotation marks omitted). Substantial evidence must be sufficient “to justify, if the trial were to a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it is one of fact for the jury.” Id. (quoting NLRB v. Columbian Enameling & Stamping Co., 306 U.S. 292, 300, 59 S.Ct. 501, 83 L.Ed. 660 (1939))(internal quotation marks omitted). Moreover, “the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency’s finding from being supported by substantial evidence.” Consolo v. Fed. Mar. Comm’n, 383 U.S. 607, 620, 86 S.Ct. 1018, 16 L.Ed.2d 131 (1966).

B. Parties’ Arguments

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699 F.3d 1317, 104 U.S.P.Q. 2d (BNA) 1740, 34 I.T.R.D. (BNA) 2193, 2012 U.S. App. LEXIS 23388, 2012 WL 5503581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norgren-inc-v-international-trade-commission-cafc-2012.