IP News

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.

Part of the lawsuit was based on Juggernaut's manufacture and sale of its "Hellfighter Mod Kits," which convert a firearm with a detachable magazine into a firearm with a fixed magazine. On appeal, the Federal Circuit reversed the district court's grant of summary judgment, construing the term "magazine catch bar" "according to its ordinary meaning," which includes a factory-installed magazine catch bar. The panel reasoned that the claims and specification required removing the factory-installed magazine catch bar, before later installing "a magazine catch bar." Because a specific catch bar was not required, the court reasoned that "the invention thus involves removing and installing assemblies of parts — not only magazine catch bars." (emphasis added). Thus, the "ordinary meaning of the claim language allows the [same] factory-installed magazine catch bar to be removed … and reused" later in the claim while still satisfying the claim language.