Summary judgement of non-infringement by the Central District of California was upheld by the United States Court of Appeal for the Federal Circuit (C.A.F.C.) that products of Foundation Constructors, Inc. and Foundation Pile, Inc. do not infringe claims of U.S. Patent Nos. 7,914,236 and 9,284,708. The basis for the appeal was improper claim construction.

A good example of the asserted claim language is “an end plate fixedly attached to the second end of the pile tip, the end plate having a substantially flat surface disposed perpendicular to the centerline of the tubular pile” as shown below

The product that was asserted to have infringed is shown below, in an annotated photo provided by an expert witness of the plaintiff who testified that the highlighted area is an “end plate”:

The District and the C.A.F.C. disagreed with the patent owner that the highlighted area is an “end plate”.