Everpure, Inc. v. Cuno, Inc., Defendant/cross-Appellant

It is not disputed that the installation and use of Cuno’s “adapter” and filter cartridge would be an infringement of the Everpure patent, unless both of these elements are within the exception of the principle of permissible repair. The filter cartridge may qualify, as Everpure concedes, in that it replaces the spent filter. But the “adapter” does not. Thus I respectfully dissent from the court’s decision.

The patented invention is a filter assembly for purifying water. The so-called “adapter” comprises a major portion of the claimed assembly, as is apparent from the claims. Claim 4 is…