Atlantic Research Marketing Systems, Inc. is suing Austin Precision Products for a variety of infractions including infringement of U.S. Patent No. 4,845,871 directed to an attachment device for weapons.
In a recent order Judge Woodlock construed one term of the patent: “actuating means.” The parties had disputed whether the term invoked means plus function treatment under 35 U.S.C. § 112, ¶ 6. In reviewing the claim and the specification, the court noted that the structure which performed the actuating described in the specification (an “actuating handle”) was not present in the claim so the claim lacked sufficient structure to remove “actuating means” from the scope of § 112, ¶ 6. Having found that means-plus-function should apply, the corresponding structure was found to be the previously mentioned actuating handle.
Procedure tidbit: during claim construction briefing the defendant asked for leave to belatedly change its position with new briefing. Judge Woodlock granted the motion but simultaneously sanctioned them to the tune of $5000, payable to the plaintiff.
Atlantic Research Marketing Systems, Inc. v. Austin Precision Products, Inc., 09-10034-DPW (D. Mass. May 12, 2010)
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