Fresh From the Bench: Latest Federal Circuit Court Case

CASE OF THE WEEK

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

In its only precedential patent case this week, the Federal Circuit disposed of an appeal, holding that the district court’s claim construction was wrong.  In the appeal from the U.S. District Court for the Central District of California, the Federal Circuit addressed the meaning of the term “magazine catch bar” in the asserted claims.  The court held that the generic term “magazine catch bar” could either mean the removed factory-installed catch bar or some other new catch bar, reversing the district court’s grant of summary judgment of non-infringement.

Evolusion Concepts, Inc. owns a patent for a method and device for converting a firearm with a detachable magazine to a firearm with fixed magazine.  Evolusion sued Juggernaut Tactical, Inc., alleging infringement of certain claims of the patent.  On the parties’ cross-motions for summary judgment regarding infringement, the district court granted Juggernaut summary judgment of non-infringement, ruling that the term “magazine catch bar” in the asserted claims excluded a factory installed magazine catch bar.  The district court reasoned that because claim 15 required removing “the factory installed magazine catch bar” and then installing “a magazine catch bar,” the magazine catch bar that is installed must be “separate and distinct from the factory-installed magazine catch bar”—otherwise, “factory-installed” would be superfluous.

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By Mario Delegato

Edited by: Scott D. Eads and Nika Aldrich, Schwabe Williamson & Wyatt

Contributor: Mario Delegato