Thursday, August 02, 2018

In GLG Farms, BOTH parties agree on error by district court, but decision stands

In GLG Farms:

As an initial matter, we note that the parties agree
that the district court erred by replacing the phrase
“adjacent the [first/second] side edge” with the phrase “on
the [first/second] side edge.” According to the parties, the
word “adjacent” encompasses both “on” and “near” in this
particular context. See Oral Arg. at 36:16–38:10, GLG
Farms LLC v. Brandt Agric. Prods., Ltd. (No. 2017-1937),

We nevertheless agree with the court’s construction
insofar as it requires the drive assemblies to be mounted
between the end walls. The ’131 patent discloses a single
embodiment which the patent consistently describes as
having its drive assemblies and wheels located on the
base wall between the end walls. See, e.g., ’131 patent,
Abstract (“Each drive assembly is mounted approximately
midway across the base wall . . . .”), fig.2 (depicting drive
wheels mounted between the end walls), col. 3, ll. 61–65
(stating that the wheels can be moved “along the inclined
wall” of the base wall). These disclosures stand in stark
contrast to the patent’s depiction of the prior art, which
shows that the only wheels on the hopper are mounted to
the outside of the end walls. S


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