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The Intellectual Property StrategistColumns & DepartmentsIntellectual PropertyLitigationPatent Litigation

IP News

By Howard Shire and Shaleen Patel
February 01, 2022

Evolusion Concepts, Inc. v. HOC Events, Inc., No. 2021-1963 (Fed. Cir. Jan. 14, 2022)

Evolusion owns U.S. Patent No. 8,7565,845, titled "Method and Device for Converting Firearm with Detachable Magazine to a Firearm with Fixed Magazine." Evolusion sued Juggernaut, alleging various theories of infringement of several claims. The Central District of California granted Juggernaut summary judgment of non-infringement, reasoning that the term "magazine catch bar" in the asserted claims must exclude a factory-installed magazine catch bar. The district court held that claim construction precludes literal infringement because Juggernaut's products use the factory-installed magazine catch bar. The district court also determined that Juggernaut did not infringe under the doctrine of equivalents. The Federal Circuit reversed, holding that the term "magazine catch bar" in the asserted claims includes a factory-installed magazine catch bar.

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