AFG Industries, Inc., et al. v. Cardinal IG Company, Inc., et al. (Fed. Cir.)
July 14, 2004 on 10:11 am | In Caselaw |AFG Industries, Inc., et al. v. Cardinal IG Company, Inc., et al.
Federal Circuit, July 13, 2004
Before NEWMAN (dissent), MICHEL, and RADER (opinion), Circuit Judges.
On summary judgment, the United States District Court for the Eastern District of Tennessee ruled that Cardinal IG Co. (Cardinal) did not infringe U.S. Patent No. 4,858,532. AFG Indus., Inc. v. Cardinal IG Co., No. 2:96-CV-244 (E.D. Tenn. Oct. 1, 2002). Because the district court erred in granting summary judgment of noninfringement, this court vacates and remands.
NEWMAN, Circuit Judge, dissenting.
I respectfully dissent from the panel’s decision to remand this case for the third time on the issue of claim construction with respect to the claim term “layer.” Claim construction is a matter of law, and as such it receives de novo review. The purpose is objective correctness; the record is complete, the question is ripe. It is time for decision, not for remand.
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