Akzo Nobel Coatings, Inc. v. Dow Chem. Co., No. 15-1331 (Fed. Cir. 2016)
Annotate this CaseAkzo’s patent is directed to an extrusion process that generates low viscosity aqueous polymer dispersions. To achieve uniform distribution of the polymer in the aqueous medium, the specification notes that “the mixture cannot be heated above the boiling point of the carrier liquid, or else the liquid boils and it becomes impossible to disperse the polymer.” The claimed invention aims to prevent such boiling and achieve uniform polymer distribution by maintaining the pressure in the extruder above atmospheric. Specifically, “[t]he pressure in the extruder [is] maintained by . . . connecting the outlet of the extruder to a pressurized collection vessel.” The Federal Circuit affirmed summary judgment that Dow did not infringe the patent, either literally or under the doctrine of equivalents and upheld a conclusion that the claims are not indefinite.
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