Patent Law Keyed to Adelman
Atlantic Thermoplastics Co., Inc. v. Faytex Corp.
Plaintiff's patent for a shock absorbing shoe innersole contained both a process and product-by-process claim. Defendant distributed innersoles made by Surge and Sorbothane, two different manufacturers. There is no dispute that infringement occurred when Surge used the patented process. Sorbothane, however, used a process that was different, and the district court did not feel the process claim was violated. Plaintiff argued that the product violated the patent claim because it was identical. The district court found that the Defendant did not violate Plaintiff's patent in the selling of the soles made by Sorbothane, and Plaintiff appealed. Defendant cross-appealed from the award of profit damages for the sale of innersoles made by Surge and Sorbothane.
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