Charles Machine Works v. Vermeer Manufacturing, No. 12-1578 (Fed. Cir. July 26, 2013)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

The Charles Machine Works, Inc. (CMW) appeals from the district court’s grant of summary judgment that Vermeer Manufacturing Company’s (Vermeer) accused commercial products and non -commercial prototypes do not infringe, literally or under the doctrine of equivalents. CMW als o challenges whether the prototypes were properly within the scope of summary judgment. We hold that CMW did not have sufficient notice that the prot o- types were within the scope of the summary judgment decision, and thus vacate -in-part and remand.