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Miken Composites, L.L.C. v. Wilson Sporting Goods Co.

Litigation stemming from the enforcement of U.S. Patent No. 5,415,398 (“the ’398 patent”) returns to this court for the third time, having visited us on two prior occasions in appeals from two different suits against two other accused infringers. See Wilson Sporting Goods Co. v. Hillerich & Bradsby Co., 442 F.3d 1322 (Fed. Cir. 2006); DeMarini Sports, Inc. v. Worth, Inc., 239 F.3d 1314 (Fed. Cir. 2001). In this case, Wilson Sporting Goods Company (“Wilson”) appeals from the decision of the United States District Court for the District of Minnesota granting the motion of Miken Composites, L.L.C. (“Miken”) for summary judgment of non-infringement of claims 1 and 18 of the ’398 patent. Miken Composites, L.L.C. v. Wilson Sporting Goods Co., No. 02-CV-769 (D. Minn. Aug. 10, 2006) (“Summary Judgment Opinion”). Because the district court’s claim construction was not erroneous, and because the district court correctly concluded that no reasonable jury could find that Miken’s bats infringed the ’398 patent, either literally or under the doctrine of equivalents, we affirm.

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