Ineos USA, LLC v. Berry Plastics Corp., No. 14-1540 (Fed. Cir. 2015)Annotate this Case
Ineos accused Berry Plastics of infringing its 863 patent, which is directed to polyethylene-based compositions which can be used to form shaped products, such as screw caps for bottles. Prior art polyethylene bottle caps incorporated a lubricant to optimize the cap’s slip properties and to facilitate unscrewing of the cap, but those compositions suffered the disadvantage of imparting bad odor and flavor to food products stored in contact with the compositions. The 863 patent explains that its compositions having specific amounts of polyethylene, lubricants, and additives solve this problem. The district court entered summary judgment, finding that the 863 patent is invalid as anticipated under 35 U.S.C. 102. The Federal Circuit affirmed. When a patent claims a range, as in this case, that range is anticipated by a prior art reference if the reference discloses a point within the range.