Scanner Technologies v. Icos Vision Systems Corp.
| Decision Date | 23 April 2004 |
| Docket Number | No. 03-1465.,03-1465. |
| Parties | SCANNER TECHNOLOGIES CORPORATION, Plaintiff-Appellant, v. ICOS VISION SYSTEMS CORPORATION, N.V., Defendant-Appellee. |
| Court | U.S. Court of Appeals — Federal Circuit |
Jon L. Roberts, Roberts, Abokhair & Mardula, LLC, of Reston, VA, argued for plaintiff-appellant. With him on the brief were John F. Mardula and Shauna M. Wertheim.
Brian L. Michaelis, Brown Rudnick Berlack Israels LLP, of Boston, MA, argued for defendant-appellee. With him on the brief was James W. Stoll.
Before MICHEL, CLEVENGER, and SCHALL, Circuit Judges.
Scanner Technologies Corporation ("Scanner") appeals from an order granting summary judgment of non-infringement to ICOS Vision Systems Corporation, N.V. ("ICOS") based on a finding that ICOS's accused products did not literally infringe the claims of United States Patent Nos. 6,064,756 ("the '756 patent") and 6,064,757 ("the '757 patent") as construed, and did not infringe the asserted claims under the doctrine of equivalents. Scanner Techs. Corp. v. ICOS Vision Sys. Corp., N.V., No. 00 Civ. 4992 (Order Granting Summary Judgment). Because we find that the district court erred in its construction of the terms "an illumination apparatus" in the '756 patent and "illuminating" in the '757 patent, we vacate the grant of summary judgment and remand for further proceedings consistent with this opinion.
On July 7, 2000, Plaintiff-Appellant Scanner filed suit against Defendant-Appellee ICOS for infringement of two patents, the '756 patent and the ' 757 patent. These patents relate to technology and processes to inspect electronic components, including ball array devices, ball grid arrays, chip scale packages, and bump on wafers (collectively "BGAs"), which are used to conduct electrical impulses in electrical devices. Scanner charged ICOS with infringement of the patents-in-suit by offering for sale, selling and servicing its CyberSTEREO device.
BGAs are used in computer chips that can be found in various electronic devices. The BGAs are comprised of an array of balls on a plane or substrate that conduct electrical impulses. It is important that the solder balls are positioned precisely at the same height. Even a minute difference in height could render the BGA, and thus the device, useless. The patents-in-suit relate to devices and methods to inspect BGAs precisely and efficiently. The Abstract of the '756 patent reads:
A three dimensional inspection apparatus for ball array devices, where the ball array device is positioned in a fixed optical system. An illumination apparatus is positioned for illuminating the ball array device. A first camera is disposed in a fixed focus position relative to the ball array device for taking a first image of the ball array device to obtain a characteristic circular doughnut shape image from a ball. A second camera is disposed in a fixed focus position relative to the ball array device for taking a second image of the ball array device to obtain a top surface image of the ball. A processor applies triangulation calculations on related measurements of the first image and the second image to calculate a three dimensional position of the ball with reference to a pre-calculated calibration plane.
'756 patent, Abstract.
On January 10, 2002, the trial court issued a memorandum decision construing several relevant claim terms. Scanner Techs. Corp. v. ICOS Vision Sys. Corp., N.V., No. 00 Civ. 4992, 2002 WL 44135 (S.D.N.Y. Jan. 10, 2002) (Memorandum Decision). The district court construed, among others, the claim terms "an illumination apparatus" in claim 1 of the '756 patent and "illuminating" in claim 1 of the '757 patent. See id.; see also Scanner Techs. Corp. v. ICOS Vision Sys. Corp., N.V., No. 00 Civ. 4992 (S.D.N.Y. Mar. 12, 2002) (Order Denying Motion for Reconsideration).
Claim 1 of the '756 patents reads:
1. A three dimensional inspection apparatus for ball array devices having a plurality of balls, wherein the ball array device is positioned in a fixed optical system, the apparatus comprising:
a) an illumination apparatus positioned for illuminating the ball array device;
b) a first camera disposed in a fixed focus position relative to the ball array device for taking a first image of the ball array device to obtain a characteristic circular doughnut shape image from at least one ball;
c) a second camera disposed in a fixed focus position relative to the ball array device for taking a second image of the ball array device to obtain a side view image of the at least one ball; and
d) a processor, coupled to receive the first image and the second image, that applies triangulation calculations on related measurements of the first image and the second image to calculate a three dimensional position of the at least one ball with reference to a pre-calculated calibration plane.
'756 patent, col. 18, ll. 34-53 (emphases and formatting added). Similarly, claim 1 of the '757 patent reads:
1. A three dimensional inspection process for ball array devices having a plurality of balls, wherein the ball array device is positioned in a fixed optical system, the process comprising the steps of:
a) illuminating the ball array device;
b) taking a first image of the ball array device with a first camera disposed in a fixed focus position relative to the ball array device to obtain a characteristic circular doughnut shape image from at least one ball;
c) taking a second image of the ball array device with a second camera disposed in a fixed focus position relative to the ball array device to obtain a side view image of the at least one ball; and
d) processing the first image and the second image using a triangulation method to calculate a three dimensional position of the at least one ball with reference to a pre-calculated calibration plane.
'757 patent, col. 18, ll. 34-49 (emphases and formatting added).
In its claim construction decision, the trial court construed "illumination source," a phrase that does not appear in the patent, to be limited to "only one illumination source." Memorandum Decision at 17. With regard to the '757 patent, the district court did not separately construe "illuminating," instead construing "illumination source" and "illuminating" together. Id, at 8, 17. Scanner sought reconsideration of the district court's claim construction decision, noting that the '756 patent does not claim an "illumination source," but rather an "illumination apparatus." Scanner also challenged the district court's construction on the merits. In denying Scanner's motion for reconsideration, the district court clarified that the distinction between "illumination apparatus" and "illumination source" was "not significant" for purposes of the decision, and that the claim language "apparatus" only "underscore[d] the correctness of the decision." Order Denying Motion for Reconsideration at 1.
Prior to trial, the parties stipulated that, during the infringement period, ICOS sold inspection systems containing one or two illumination sources. [A291.] The parties executed a settlement agreement dismissing the single light source products from the case. The trial court entered an order of summary judgment of non-infringement for the two illumination source devices, based upon its claim construction decision. See Order Granting Summary Judgment. With regard to literal infringement, the trial court found that the ICOS products containing two illumination sources did not literally infringe the claims as construed. Id. Moreover, the trial court found that the ICOS products containing two illumination sources did not infringe the patents-in-suit under the doctrine of equivalents because "a product that uses one illumination source is significantly different than a device using two illumination sources." Id. at 3.
Scanner timely appealed. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(1).
This opinion follows the court's review of the record and consideration of the parties' oral argument, heard on February 6, 2004.
We review de novo a district court's grant of summary judgment. Ethicon Endo-Surgery, Inc. v. United States Surgical Corp., 149 F.3d 1309, 1315 (Fed.Cir.1998). Summary judgment is appropriate if, drawing all factual inferences in favor of the non-movant, there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
Analysis of infringement involves two steps. Johnson Worldwide Assocs., Inc. v. Zebco Corp., 175 F.3d 985, 988 (Fed.Cir.1999). First, the trial court determines the scope and meaning of the asserted claims. Markman v. Westview Instruments, Inc., 517 U.S. 370, 372-74, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996). The trial court's claim construction is an issue of law reviewed without deference. Cybor Corp. v. FAS Techs., Inc., 138 F.3d 1448, 1456 (Fed.Cir.1998) (en banc). Second, the claims as construed by the court are compared to the allegedly infringing device. Johnson Worldwide, 175 F.3d at 988. We affirm a district court's grant of summary judgment of non-infringement only if, "after viewing the alleged facts in the light most favorable to the non-movant, there is no genuine issue whether the accused device is encompassed by the claims." Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1304 (Fed.Cir.1999).
On appeal, Scanner challenges the methodology employed by the district court in construing the terms "an illumination apparatus" and "illuminating," and its substantive constructions of those terms. Scanner further challenges the district court's entry of summary judgment of non-infringement as based upon erroneous claim constructions. We address these challenges below.
We first address Scanner's argument that the district court only construed a term that does...
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