Addressing issues of claim construction for a Markush group, the
US Court of Appeals for the Federal Circuit reversed-in-part a
district court “closed” Markush group claim
construction and vacated its summary judgment of non-infringement.
Multilayer Stretch Cling Film Holdings, Inc. v. Berry Plastics
Corp., Case Nos. 15-1420; -1477 (Fed. Cir., Aug. 4, 2016)
(Dyk, J) (Taranto, J, dissenting in part).
Multilayer and Berry Plastics are two leaders in the plastic
film industry, specifically with regard to multilayered plastic
cling wrap films. Multilayer alleged infringement of its patent
directed to multilayered thermoplastic stretch wrap films that
cling to themselves and are used to wrap boxes, furniture and other
items. The claimed invention relates to plastic films that have at
least seven individual layers in the film composition and offer
acceptable cling performance, good balance of strength and good
elongation properties. The layers of the film are distinguished
