In a patent infringement action involving refrigerator parts, district court's grant of summary judgment and permanent injunction for plaintiff is affirmed where: 1) the court properly construed the claim term "relatively resilient end edge portion" in the patent to require only that the frame of the shelf be flexible at the time of manufacture; 2) the court properly granted summary judgment as there was undisputed evidence that the frames of defendant's accused shelves were flexible at the time of manufacture, and thus infringed on plaintiff's patent; and 3) the court did not err in denying defendant's motion for a new trial on obviousness as plaintiff's expert's testimony provided substantial evidence that a person of ordinary skill in the art would not have expected the results of the combination recited in the patent, and defendant did not seek to exclude or strike the expert's testimony at trial and therefore the issue is waived.
Appeal from the United States District Court for the Western District of Michigan.
Decided July 20, 2009
Before MICHEL, Chief Judge, SCHALL and LINN, Circuit Judges.
Opinion by LINN, Circuit Judge.
For Defendant: Arthur I. Neustadt, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., of Alexandria, Virginia.