Ineos USA LLC v. Berry Plastics Corporation, No. 14-1540 (Fed. Cir. Apr. 16, 2015)

From the Opinion

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Ineos USA LLC accused Berry Plastics Corporation of infringing U.S. Patent No. 6,846,863. Ineos appeals from the district court’s summary judgment that the ’863 patent is invalid as anticipated under 35 U.S.C. § 102 (2006). We affirm. BACKGROUND The ’863 patent is directed to polyethylene- based compositions which can be used to form shaped products , such as screw caps for bottles. ’863 patent col. 1 ll. 5 –8. Prior art polyethylene bottle caps incorporated a lubricant to optimize the cap’s slip properties and to facilitate unscrewing of the cap. Id.