Wright v. United States

51 Fed. Cl. 638, 62 U.S.P.Q. 2d (BNA) 1243, 2002 U.S. Claims LEXIS 26, 2002 WL 201506
CourtUnited States Court of Federal Claims
DecidedFebruary 8, 2002
DocketNo. 94-1084C
StatusPublished
Cited by2 cases

This text of 51 Fed. Cl. 638 (Wright v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright v. United States, 51 Fed. Cl. 638, 62 U.S.P.Q. 2d (BNA) 1243, 2002 U.S. Claims LEXIS 26, 2002 WL 201506 (uscfc 2002).

Opinion

OPINION

DAMICH, Judge.

I. Introduction

This is a patent infringement action pursuant to 28 U.S.C. § 1498 in which James E. Wright (hereinafter “Plaintiff’) seeks compensation for the alleged use and manufacture of a detonator net weapon covered by United States Patent 4,768,417 (the ’417 Patent).1 Plaintiff alleges that the United States Navy’s (hereinafter “Defendant’s”) Distributed Explosive Technology (DET) system infringes the ’417 Patent. The Court conducted a trial in this matter from August 28, 2000, until August 31, 2000, and held closing arguments on September 18, 2001. For the reasons set forth herein, the Court hereby finds infringement of the detonator net weapon. A decision and opinion on damages will follow.

II. Background

The claims of the ’417 Patent (See Diagram 3), which was issued on September 6, 1988, concern a detonator net weapon designed to explode upon ignition, thereby damaging an enemy object. Based on the patent and the use of linear explosive charge technology, Plaintiff developed a proposal for a rocket-deployed explosive net for clearing mines. Plaintiff presented his proposal to various Navy and Marine Corps offices from 1988 until 1991. Because of a longstanding problem with shallow water - mine-clearing operations, the Navy issued a Broad Agency Announcement in July 1991, asking for ways to solve the shallow water and surf zone mine-clearing problem. In response, Plaintiff submitted three additional proposals demonstrating the effectiveness of the detonator net weapon in solving the shallow water mine-clearing problem. In March 1992, Defendant notified Plaintiff that it would be developing its DET system in-house and that Plaintiffs proposals would no longer be considered.

Plaintiff then offered Defendant a license to use the ’417 Patent in the development of the DET system. Defendant rejected this offer, asserting that Plaintiffs claims were invalid based on prior art not previously disclosed. In response to this challenge to the validity of the ’417 Patent, Plaintiff filed a Request for Reexamination of the ’417 Patent. On March 10, 1994, the United States Patent and Trademark Office (USPTO) denied Plaintiffs Request for Reexamination, concluding that no new substantial question of patentability had been raised by the prior art references cited by Defendant and confirming the validity of the ’417 patent. In April 1994, Plaintiff offered Defendant another license for the use of the invention. After Defendant rejected that offer, Plaintiff commenced the current action on December 21, 1994.

The issue before the Court is whether the DET system falls within the scope of the independent claims of the ’417 Patent, infringing the patent either literally or under the doctrine of equivalents. The ’417 Patent contains one independent claim, Claim 1. Claim 1 reads:

1. A detonator net weapon comprising:
(a) a net comprising spaced, interwoven, alternating lengths of plastic rope and detonator cord that define a polygonal body including an edge,
(b) said plastic rope imparting strength to the net,
(c) control packages secured to the edge of said net, and
[640]*640(d) said control packages including means to ignite said detonator cord so that said cord will explode with significant force.

’417 Patent, col. 4,11. 39-48.

The DET system (See Diagram 1 and 2), which was designed to breach mine fields in the surf zone, is a rocket-launched explosive array that includes a single fire-and-forget fuse. Stip. #7-8. The DET system is a 180-foot by 180-foot matrix consisting of three array panels of equal size that are connected to each other by steel chain links. Stip. # 10, 13, 33. The system has 180 force members (each containing a detonating cord) that extend longitudinally in the direction of travel. Stip. # 14-15. Each of the three array panels of the DET system includes 29 crossmembers extending perpendicularly to the force members as well as varying numbers of reinitiation lines parallel to the cross-members. Stip. # 19-20. Each reinitiation line contains a detonating cord and is located near the outer transverse edges of each panel assembly. Stip. #20. Every crossmember and every reinitiation line is sewn or bar tacked to the force member that it crosses. Stip. # 19, 22. In addition to the sewing or bar tacking, at each intersection between reinitiation line and force member, a small clamp holds the intersecting lines together, insuring transfer of the detonation wave from one line containing a detonating cord to another perpendicular line containing a detonating cord. Stip. # 27.

The Court finds for the Plaintiff because the DET system literally infringes three of the four elements of Claim 1 of the ’417 Patent and infringes the fourth element of the ’417 Patent under the doctrine of equivalents.

III. Literal Infringement

A. Law

Determining whether a patent claim is infringed requires a two-step inquiry. The first step is that the claim must be properly construed to determine its scope and meaning. Markman v. Westview Instruments, Inc., 517 U.S. 370, 384, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996).2 The second step of the infringement inquiry is that the properly construed claim must be compared to the accused device. Intermatic Inc. v. Lamson & Sessions Co., 273 F.3d 1355, 1363 (Fed.Cir.2001). In comparing the properly construed claim to the accused device, the patentee bears the burden of proving by a preponderance of the evidence that every feature that is an actual limitation must be found in the accused device. Biovail Corp. Int’l v. Andrx Pharm., Inc., 239 F.3d 1297, 1303 (Fed.Cir.2001).

B. Analysis

1. A Net Comprising Spaced, Interwoven, Alternating Lengths of Plastic Rope & Detonator Cord that Define a Polygonal Body Including an Edge

The first issue before the Court is whether the DET system literally infringes Claim 1(a) of the ’417 Patent, calling for a net comprising spaced, interwoven, alternating lengths of plastic rope and detonator cord that define a polygonal body including an edge. Analysis of this issue begins with recognition of the mutually agreed-upon premise that the accused device is indeed a net. As a net, the device consists of components woven together at regular intervals, forming a meshed network of lines.3 Webster’s Ninth New Collegiate Dictionary 794 (1990). According to Plaintiffs undisputed assertions, each of these components contains plastic rope or both plastic rope and detonator cord.4 The Court must determine whether the net comprises plastic rope and [641]*641detonator cord that are spaced, interwoven, and of alternating lengths, defining a polygonal body including an edge.

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Related

Wright v. United States
53 Fed. Cl. 466 (Federal Claims, 2002)

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51 Fed. Cl. 638, 62 U.S.P.Q. 2d (BNA) 1243, 2002 U.S. Claims LEXIS 26, 2002 WL 201506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-united-states-uscfc-2002.