Court of Appeals for the Federal Circuit September 23, 2002, 02-1077 (Bayer Ag and Bayer Corporation v. Carlsbad Technology, Inc.)

RADER, Circuit Judge.

On summary judgment, the United States District Court for the Southern District of California held that the expiration date of U.S. Patent No. 4,670,444 (the '444 patent) is December 9, 2003. Because the district court correctly concluded as a matter of law that the disclaimed term of the '444 patent was “due to” U.S- Patent No.