Multilayer Stretch Cling Film Holdings, Inc. v. Berry Plastics Corp.

I join the court’s opinion except for Part II, which holds that element (b) of claims 1 and 28 must be construed so that the claimed layers must contain only the listed resins, ie., may not contain any unrecited resins (a construction that invalidates claim 10). The court’s opinion lays out the parts of the patent — the specification and dependent claims — that strongly indicate intended coverage of layers that include at least some unrecited resins. But the court holds that such coverage is excluded from element (b). The court reasons that the claim language has so plain a “closed” meaning —…