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No Infringement Where Structural Difference Renders Claimed Function Impossible

Client Alert | 1 min read | 04.17.06

Despite affirming the district court's summary judgment of non-infringement in Semitool, Inc. v. Dynamic Micro Systems Semiconductor Equipment GmbH, (“DMS”) (No. 05-1299; April 6, 2006), the Federal Circuit finds the district court's claim construction flawed. The primary claim at issue relates to a semiconductor wafer carrier cleaning system and is directed to a process using “a processing chamber within the processing vessel” and furthermore “supplying drying gas to the processing chamber.” The district court granted a motion for summary judgment of non-infringement in favor of DMS, but concluded that it did not need to reach the issue of whether a “condensing unit” of the allegedly-infringing product was part of the process chamber or a separate unit. Instead, the district court focused on the function of whether the condenser supplied gas to the processing chamber. In contrast, the Federal Circuit reasons that, since the condenser of the allegedly-infringing product resides inside the processing chamber, it cannot supply the recited drying gas. Thus, the determinative claim language was the recited structure and not the function.

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Client Alert | 5 min read | 03.30.26

Déjà Vu? New Executive Order Outlines Restrictions on Contractor and Subcontractor DEI Activity

On March 26, 2026, President Trump issued an executive order (EO) titled Addressing DEI Discrimination by Federal Contractors. The EO declares diversity, equity, and inclusion (DEI) “activities” “unethical and often illegal,” and imposes new obligations on federal contractors and subcontractors related to DEI programming. Contractors that do business with the federal government — or that work as subcontractors for companies that do — should review the EO closely to determine the extent to which they are compliant with the new requirements....