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Appealed from: United States District Court for the District of Arizona Judge Bruce M. Van Sickle

Karsten Manufacturing Corporation (“Karsten”) appeals the grant of summary judgment by the United States District Court for the District of Arizona, *fn2 construing the claims and, based on the claim construction, ruling that United States Patents Nos. 4,621,813 and 5,193,805 are not infringed and Patent No. 5,297,803 is invalid as to claims 1-8. The judgments of noninfringement of the ’813 and ’805 patents are affirmed. For the ’803 patent, the judgment of invalidity of claims 1-6 is affirmed, and the judgment of invalidity of claims 7-8 is reversed.

We give plenary review to the construction of patent claims, as a matter of law. Markman v. Westview Instruments, Inc., 517 U.S. 370, 38 USPQ2d 1461 (1996). The grant of a motion for summary judgment of noninfringement or invalidity is reviewed on the same standard as is applied by the district court, viz. whether upon application of the correct law a reasonable jury could find for the non-movant when all disputed material facts and factual inferences are resolved in favor of the non-movant. When no reasonable jury could find for the non-movant, the movant is entitled to judgment as a matter of law. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (the purpose of the summary judgment procedure is not to deprive a litigant of a trial, but to avoid an unnecessary trial when there is only one reasonably possible outcome). We thus determine afresh whether the criteria for grant of summary judgment were met, and whether the judgment was correct. See, e.g., EMI Group North America, Inc. v. Intel Corp., 157 F.3d 887, 891, 48 USPQ2d 1181, 1184 (Fed. Cir. 1998).

 
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