Plastipak Packaging, Inc. v. Premium Waters, Inc., No. 21-2244 (Fed. Cir. Dec. 19, 2022)

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.

In this patent case, the District Court granted sum- mary judgment in favor of Defendant -Appellee Premium Waters, Inc. (“Premium Waters”), finding that Plaintiff- Appellant Plastipak Packaging, Inc. ’s (“Plastipak”) twelve patents-in-suit were invalid for nonjoinder under pre -AIA 35 U.S.C. § 102(f) (2006).1 On appeal, the parties dispute whether summary judgment was proper. We reverse and remand. I A Plastipak owns U.S. Patent Nos.