The plaintiff, owner of a US patent for an orthodontic bracket, sued the defendant for breach of a Licence Agreement, alleging the defendant failed to pay royalties on new bracket products.
The court applied US patent law to construe the patent claims and determine infringement.
The court found that the accused products did not infringe the patent because they lacked a slidable locking shutter that moved entirely by sliding motion.
As the products were not covered by the patent, they were not subject to the Licence Agreement, and the plaintiff's claims for royalties and aggravated damages were dismissed.
