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BLACKBIRD TECH LLC v. ELB ELECTRONICS, INC.

2017-1703.

895 F.3d 1374 (2018)

BLACKBIRD TECH LLC, DBA Blackbird Technologies, Plaintiff-Appellant v. ELB ELECTRONICS, INC., ETi Solid State Lighting Inc., Feit Electric Company Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: July 16, 2018.

Attorney(s) appearing for the Case

SEAN KEVIN THOMPSON , Blackbird Technologies, Boston, MA argued for plaintiff-appellant. Represented by WENDY VERLANDER ; CHRISTOPHER FREEMAN , Chicago, IL; STAMATIOS STAMOULIS , Stamoulis & Weinblatt LLC, Wilmington, DE.

JOHN HINTZ , Maynard, Cooper & Gale, PC, New York, NY, argued for all defendants-appellees.

PHILIP A. ROVNER , Potter Anderson & Corroon, LLP, Wilmington, DE, for defendant-appellee ETi Solid State Lighting Inc. Also represented by JONATHAN A. CHOA , ALAN R. SILVERSTEIN ; DAVID PETER HOCHBERG , Walter Haverfield LLP, Cleveland, OH.

Dissenting opinion filed by Circuit Judge Reyna.

Blackbird Tech LLC ("Blackbird") appeals the U.S. District Court for the District of Delaware's entry of judgment of noninfringement of claim 12 of U.S. Patent No. 7,086,747 ("'747 patent") based on its construction of "attachment surface." Because the court erred in construing "attachment surface," we vacate and remand.

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