Locke Lord lawyer Hugh Balsam secured a 3-0 decision for clients X-Body and Jewell Attachments before the Federal Circuit Court of Appeals. The Federal Circuit upheld summary judgment that X-Body's accused Acculoader devices do not infringe the asserted patent under either literal infringement or the doctrine of equivalents. In a lawsuit filed in the Eastern District of California, Plaintiff Advanced Steel Recovery had asserted that X-Body's Acculoader product infringed a patent related to a container loader design pertaining to loaders of large, industrial machines that pre-load scrap metal and other loose material into the back of trucks and shipping containers. The district court granted summary judgment over the dispute regarding the placement for where the hydraulics were attached, and the Federal Circuit opinion affirmed that decision, finding that the point of attachment was far from the end in question and that the plaintiff's experts failed to show the Acculoader’s accused attachment operated the same way as the patented design.
Posted on November 16, 2015