ArcelorMittal Atlantique et v. AK Steel Corporation, No. 17-1637 (Fed. Cir. Nov. 5, 2018)

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.

Appellants appeal from a grant of summary judgment of non -infringement. The U.S. District Court for the District of Delaware granted summary judgment as a matter of law after concluding Appellant s’ infringement action was collaterally estopped. Because evidence indi- cates a material difference in the accused products in this action, collateral estoppel does not apply and the entry of summary judgment was error. We vacate and remand.