For Example, Language In Specification Following “e.g.” Found To Be An Express Definition, Rather Than An Example

A divided panel of the U.S. Court of Appeals for the Federal Circuit reversed a claim construction ruling of the International Trade Commission (ITC), finding one sentence in a patent specification to be an express definition. Sinorgchem Co. v. U.S.I.T.C., Case No. 06-1633 (Fed. Cir., Dec. 21, 2007) (Dyk., J; Newman, J., dissenting).

Flexsys and Sinorgchem both produce a rubber antidegradant used in tires.  Flexsys, the petitioner at the ITC, asserted that Sinorgchem infringed two Flexsys patents, which cover methods of producing the antidegradant and/or intermediate compounds.  The two patents were related—one was a continuation-in-part of the other.  After Flexsys prevailed before the ITC, Sinorgchem appealed.