Claim term “substantially” is approximate

Dana Corp. v. American Axle  (Fed. Cir. 2004) (not citable as precedent).

In a patent infringement suit, the district court granted summary judgment of non-infringement to the defendant, holding that no reasonable jury could find that the defendant’s driveshaft technology infringed plaintiff’s patents.

The Federal Circuit vacated, finding that the district court incorrectly ignored the claim phrase  “substantially uniform wall thickness.”  According to the Appellate Panel, the term substantially allows for variation in wall thickness.

VACATED and REMANDED