Patents Invalidated By Expansive Literal Claim Scope

The U.S. Court of Appeals for the Federal Circuit, for the second time in this contentious case, reversed the district court; this time finding the asserted claims of plaintiff’s patents invalid as anticipated. Prima Tek II, L.L.C v. Polypap, S.A.R.L., Case Nos. 04-1411, -1421 (Fed. Cir. Jun. 22, 2005) (Dyk, J.).

Prima Tek and Polypap are competitors in the floral products market. Polypap’s accused product is a disposable device for holding floral arrangements. The patents-in-suit are directed to a decorative assembly for a floral grouping. Prima Tek filed an infringement suit against Polypap in 1999. The district court granted summary judgment of non-infringement. In the first (2003) appeal, the Federal Circuit held the district court had used an incorrect construction of the "floral holding material" term, vacated the district court’s judgment and remanded the case for further proceedings. On remand, the district court held Polypap infringed the patents. Polypap appealed.