Federal Circuit Reversed Improperly Narrowing Claim Construction

Judges: Newman (dissenting), Clevenger, Linn (per curium)

[Appealed from D.N.H., Judge Barbadoro]

In Markem-Imaje Corp. v. Zipher Ltd., No. 10-1305 (Fed. Cir. Sept. 9, 2011), the Federal Circuit held that the district court erred in construing a critical claim term, vacating the court's SJ of noninfringement and remanding for further proceedings under the corrected construction.

Markem-Imaje Corp. ("Markem") sued Zipher Ltd. and Videojet Technologies, Inc. (collectively "Zipher") for a DJ that Markem did not infringe Zipher's U.S. Patent No. 7,150,572 ("the '572 patent"). The '572 patent describes a device for transfer printing, where ink is transferred to a material substrate by moving a ribbon with ink into contact with the substrate, and then impressing upon the ribbon with a print head, causing the ink to transfer to the substrate. In transfer printers, the ink ribbon is generally wound on two spools: one spool supplies and positions the ribbon; the other