Going Way Out on a Limb, The Federal Circuit Construes "Within" to Mean "Inside"

In an opinion unlikely to send shockwaves through the legal community, the Federal Circuit has construed "within" to mean "inside." TI Group Automotive Systems (North America), Inc. v. VDO North America, L.L.C., Case Nos. 02-1630, 03-1482 (Fed. Cir. June 30, 2004) (Linn, J.).

TI Group’s patent is directed to an in-tank fuel assembly for fuel-injected engines. The assembly provides a constant and reliable supply of fuel even when the fuel in the fuel tank is low, when the vehicle is navigating a sharp turn, traveling over a steep incline, and so on.

TI Group sued VDO North America and other auto parts manufacturers for infringing the TI Group patent. Following a trial in the District of Delaware, the jury found infringement and awarded TI Group $10 million. VDO moved for judgment as a matter of law (JMOL) that the patent was not infringed. The district court granted the JMOL and this appeal followed.