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Keywords

damagesattorneypatenttrademark

patenttrademark

Related Cases

Allen Archery, Inc. v. Browning Mfg. Co., 819 F.2d 1087, 55 USLW 2615, 2 U.S.P.Q.2d 1490

Facts

This case involves two patent infringement actions concerning a compound archery bow patented by H.W. Allen. Allen Archery, Inc. filed complaints against Browning and others, alleging infringement and breach of a licensing agreement. The district court found that the patent was valid and infringed, and that the patentee did not engage in inequitable conduct before the Patent and Trademark Office. The court also ruled against increasing damages or awarding attorney's fees to the patentee.

The Allen Patent relates to an archery bow known in the archery industry and to archers as a 'compound bow.' The bow comprises a handle section and a pair of limbs secured to the handle section, a pair of eccentric pulley members being respectively mounted on the ends of the limbs.

Issue

Did the patentee engage in inequitable conduct, and were the patent claims valid and infringed?

Rule

To sustain defense of inequitable conduct in patent infringement case, it must be demonstrated, by clear and convincing evidence, that holder of patent misrepresented or failed to disclose material information to Patent and Trademark Office in prosecution of patent, and that such misrepresentation was intentional.

Analysis

The district court found that, relative to prior art bows, the Allen bow 'casts or throws an arrow at much greater speed with increased striking power for hunting and further reduces the holding force at full draw, improves the sighting and steadies the archer's aim.'

Conclusion

The court affirmed the validity of the patent and found that it was infringed, rejecting claims of inequitable conduct and patent misuse.

Affirmed.

Who won?

Allen Archery, Inc. prevailed in this case as the court upheld the validity of their patent and found that Browning had infringed it. The court's reasoning emphasized that the features of the compound bow were innovative and not obvious to those skilled in the art at the time of the invention. Additionally, the court found no evidence of inequitable conduct, which further supported the validity of the patent.

Allen Archery, Inc. prevailed in this case as the court upheld the validity of their patent and found that Browning had infringed it.

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