Bettcher Indus., Inc. v. Bunzl USA, Inc., No. 11-1038 (Fed. Cir. 2011)
Annotate this CaseThe patent, entitled "Low Friction Rotary Knife," is directed to a power operated knife used principally in the meat packing and other commercial food processing industries. While plaintiff's claim of invalidity, asserting anticipation in its pre-1998 prior art blades, was pending, defendant sought reexamination. The validity of the claims was affirmed. The district court rejected a claim of invalidity, but found no infringement. The Federal Circuit affirmed denial of judgment as a matter of law on the issue of anticipation and affirmed with respect to infringement. The district court had excluded references and denied a new trial on the issue of obviousness, based on its interpretation of 35 U.S.C. 315(c)'s reference to "final determination." The Federal Circuit vacated and remanded that decision.
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