POLY-AMERICA, L.P. v. API INDUSTRIES, INC.

2016-1200.

839 F.3d 1131 (2016)

POLY-AMERICA, L.P., Plaintiff-Appellant v. API INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: October 14, 2016.


Attorney(s) appearing for the Case

AARON P. MAURER , Williams & Connolly LLP, Washington, DC, argued for plaintiff-appellant. Also represented by SANJIV PRAKASH LAUD , CRAIG D. SINGER.

JACK B. BLUMENFELD , Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE, argued for defendant-appellee. Also represented by MICHAEL J. FLYNN ; MARK I. KOFFSKY , EFREM SCHWALB , Koffsky Schwalb LLC, New York, NY.

Before PROST, Chief Judge, Reyna, and Hughes, Circuit Judges.


This case is about disavowal of claim scope. The specification and prosecution history of Poly-America, L.P.'s ("Poly-America") U.S. Patent No. 8,702,308 ("'308 patent") contain clear and unequivocal statements that the inventor intended to limit the claimed invention to a trash bag with "short seals" at its upper corners that...

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