Severstal North America announced that the US District Court in Delaware found in summary judgment that ArcelorMittal's reissue patent for aluminum coated steel sheet for hot stamping was not infringed by Severstal Dearborn, LLC and the other defendants. The District Court Judge stated the reissue patent was invalid because it was improperly broadened long after the permissible time period within which a patent may be broadened.
The Court's Opinion states, "There can be no doubt that ArcelorMittal pursued its reissue patent as an intentional strategy to avoid the consequences of this court's narrow claim construction, with the ultimate goal of capturing more acts of infringement under the broadening scope of [the reissue patent]. Although such a strategy would have been perfectly legitimate if pursued within two years from the grant of the '805 patent, the court concludes that ArcelorMittal's post-trial strategy offends the fundamental purpose [of] § 251, that is, repose."
The same court found in favor of AK Steel against ArcelorMittal.