Stopaq successfully revives patent infringement suit at Federal Circuit

Client(s) Stopaq B.V.

In an appeal to the United States Court of Appeals for the Federal Circuit, Jones Day successfully obtained a remand of a patent infringement lawsuit on behalf of Stopaq B.V., an industry leader in viscoelastic coatings and sealants. Stopaq had sued Amcorr Products and a related company ("Amcorr") for infringement of a Stopaq patent relating to a sealant for manhole covers and pipelines. The district court entered summary judgment of noninfringement in favor of Amcorr.

On appeal, Jones Day attorneys successfully argued to the Federal Circuit that the district court erred in its claim constructions and in its findings of noninfringement as a matter of law. The Federal Circuit held that the district court incorrectly limited the construction of "a filler" to a single material and vacated the district court's ruling that the polypropylene present in Amcorr's accused products was not a "filler" claimed in the patent. The Federal Circuit also held that the district court erred with respect to its construction of the patent claim term "fraction." The Federal Circuit's judgment returns the case to the U.S. District Court for the Southern District of Texas for further proceedings.

Gregory A. Castanias (Washington) argued the appeal, and the appeal team included Joe Beauchamp and Albert Liou (Houston).

Frans Nooren Afdichtingssystemen B.V. et al. Stopaq Amcorr Inc., d/b/a Amcorr Products and Services et al., Case No. 4:10-cv-3150 (S.D. Tex.); Appeal No. 2013-1200 (Fed. Cir.)