May 26, 2022

Volume XII, Number 146

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Federal Circuit Reverses District Court’s Narrow Claim Construction Ruling

In Evolusion Concepts, Inc. v. HOC Events, Inc., No. 2021-1963 (Fed. Cir. Jan. 14, 2022), the Federal Circuit reversed and vacated the district court’s summary judgment rulings and the award of attorney’s fees.

The patent-in-suit is directed to a device for converting a rifle with a detachable magazine to one with a fixed magazine. In granting Juggernaut’s motion for summary judgment of non-infringement, the district court construed “magazine catch bar” to exclude a factory-installed bar. The district court based its construction on an embodiment disclosing “removing the standard OEM magazine catch assembly and installing the invention,” and an unasserted claim reciting a method of removing the factory-installed magazine catch bar and installing a magazine catch bar.

The Federal Circuit reversed, holding that “magazine catch bar” does not exclude a factory-installed bar. The Federal Circuit noted that the unasserted claim requires only removing a specific type of bar and then installing “a magazine catch bar”—which could either be the removed bar or a different bar, and the specification does not limit the scope of a “magazine catch bar” to exclude factory-installed bars. The Federal Circuit also vacated the award of attorney’s fees because Juggernaut is no longer a prevailing party.

© 2022 Finnegan, Henderson, Farabow, Garrett & Dunner, LLPNational Law Review, Volume XII, Number 25
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About this Author

Associate

Troy Viger is an associate attorney in Finnegan’s Atlanta, GA office.

+1 404 653 6475
Esther H. Lim Patent Litigation Attorney Finnegan Law Firm Washington, DC
Partner

Esther Lim has twenty-five years of experience in patent litigation, portfolio management, licensing, and counseling. She has litigated extensively before federal district courts, the International Trade Commission (ITC), and the U.S. Court of Appeals for the Federal Circuit (CAFC) in complex matters involving a wide range of technologies from electrical to mechanical to pharmaceutical. Esther served as the founding managing partner of Finnegan’s Shanghai office. She is the past president of the D.C. Bar with 110,000 members.

Over two decades of diverse professional endeavors and...

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Christina Ji-Hye Yang Patent Litigation Attorney Finnegan Law Firm Washington, DC
Associate

Christina Ji-Hye Yang focuses her practice on patent litigation and client counseling in the areas of biotechnology and pharmaceuticals, with particular emphasis on Abbreviated New Drug Application (ANDA) cases.

Christina is involved in all phases of litigation, including pre-litigation analysis, fact discovery, and expert discovery. She also has experience in Section 337 litigation at the International Trade Commission (ITC) and post-grant proceedings at the Patent Trials and Appeals Board (PTAB), including inter partes reviews (IPRs). Christina has also advised clients in...

202-408-4465
Elizabeth Ferrill Patent Attorney Finnegan Law Firm
Partner

Elizabeth Ferrill is an “undisputed expert on design patents” who is “always updated and enlightening others with her deep knowledge,” “very involved in the design bar,” and “gives her clients an outstanding service” as noted in Intellectual Asset Management Patent 1000. She focuses her practice on all aspects of design patents, including prosecution, counseling, post-grant, and litigation.

Elizabeth counsels clients who hold design patents as well as those accused of infringement. She has experience with design patents related to consumer and industrial products, medical...

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