UCP International Company Ltd. v. Balsam Brands Inc., No. 18-2231 (Fed. Cir. Sept. 19, 2019)

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 instant appeal is the companion to concurrently is- suing Appeal No. 18-1256 (“the Merits Appeal”), where we determined that the U.S. District Court for the Northern District of California misconstrued the “pivot jo int” claim term of U.S. Patent Nos. 8,062,718 (“the ’718 patent) and 8,993,077 (“the ’077 patent”) (collectively, “the Patents-in- Suit”). See UCP Int’l Co. v. Balsam Brands, Inc., No. 2018- 1256, slip op. at 27 (Fed. Cir. Sept. 19, 2019).