• Nov 5 2018
  • |
  • Category: CAFC Updates

Appellants ArcelorMittal Atlantique et Lorraine and others appeal from a grant of summary judgment of non-infringement of their reissue of U.S. Patent No. 6,296,805 (RE44,940) relating to boron steel sheets with an aluminum-based coating that, when hot-stamped, become highly mechanically resistant. The District Court granted summary judgment as a matter of law after concluding Appellants’ infringement action was collaterally estopped. The CAFC identifies a primary issue in a collateral estoppel analysis with respect to non-infringement as whether the accused product is the same—i.e., the issue sought to be precluded is the same as that involved in the prior action—or whether the accused products have materially changed. Because evidence indicates a material difference in the accused products sold by AK Steel Corporation, the CAFC concludes that collateral estoppel does not apply and the entry of summary judgment was error. Accordingly, the CAFC vacates and remands.

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