Judge Newman began the opinion:Inline Plastics Corporation sued EasyPak, LLC for infringementof United States Patent No. 7,118,003 (the’003 patent) and No. 7,073,680 (the ’680 patent), directedto tamper-resistant plastic food containers. Following thedistrict court’s claim construction, Inline moved for entryof final judgment of non-infringement of its ’003 patent,on the premise that the claims as construed are notinfringed. Inline also granted EasyPak a covenant not tosue on the ’680 patent. The district court then enteredfinal judgment of non-infringement of the ’003 patent,dismissed without prejudice EasyPak’s declaratory judgmentcounterclaims for invalidity, and dismissed Inline’scount for infringement of the ’680 patent with prejudice.1Inline appeals the district court’s construction of theclaims of the ’003 patent, stating that the terms “frangiblesection” and “tamper evident bridge”…
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