Device Merely Capable Of Infringement With Alteration Does Not Necessarily Infringe

In Accent Packaging, Inc. v. Leggett & Platt, Inc., No. 12-1011 (Fed. Cir. Feb. 4, 2013), the Federal Circuit held that the district court erred in its construction of the claim terms "each" and "a respective one," reversing-in-part the district court's grant of SJ of noninfringement and remanding for entry of SJ of infringement with respect to certain claims. The Court also affirmed the district court's denial of Accent Packaging, Inc.'s ("Accent") motion for additional discovery pursuant to Fed. R. Civ. P. 56(d) and the district court's dismissal of a Missouri Uniform Trade Secrets Act ("MUTSA") cause of action for failure to state a claim.

U.S. Patent Nos. 7,373,877 ("the '877 patent") and 7,412,992 ("the '992 patent") are assigned to Accent, and are directed to a wire tier device that is used to bale recyclables or solid waste for easier handling. Accent sued Leggett & Platt, Inc. ("Leggett") on April 26, 2010, asserting infringement of claims 1-5 of the '877