News
Decisions
Best Management products Inc. V. New England Fiberglass, L.L.C.
May 12, 2008: DAVIS & BUJOLD represented Defendant New England Fiberglass L.L.C. (“NEF”) against allegations of patent infringement of U.S. Patent No. 6,126,817 owned by the Plaintiff Best Management Products Inc. (“BMP”). In a Markman hearing on April 18, 2008, the parties asserted their divergent claim interpretations regarding the claim language “a vent mounted on the wall of said hood and extending upwardly there from...” At issue was whether a simple hole drilled by NEF an outflow hood of a catch basin was encompassed by this claim language.
Largely adopting the claim construction presented by NEF, the Court in a 27 page opinion issued May 12, 2008 wrote, “As NEF persuasively argues, this [Plaintiff’s] construction reads all of the limitations on ‘vent’ out of the disputed phrase... BMP’s reading, then ignores the basic premise of patent law that each element contained in a patent claim is deemed material to defining the scope of the patented invention”
A copy of the courts claim construction order can be found here:
Pro Trak International Inc. v. Protracker Software Inc.
March 2007: Representing Plaintiff Pro Trak International in recent trademark litigation, DAVIS & BUJOLD defeated a Motion For Summary Judgment by the defendants in Pro Trak International Inc. v. Protracker Software Inc., US Dist. Ct. for the District of New Hampshire, Civil Docket No. 05-cv-342-JM. Pro Trak International has used the mark PROTRAK ADVANTAGE since at least 2001. Defendant began using the mark PROTRACKER ADVANTAGE in 2004 for similar goods and services in the software industry. Defendant Protracker Software Inc. moved for summary judgment initially on a defense of laches and secondarily that there was no likelihood of confusion between the marks. On March 1, 2007, the Court denied the Defendant's motion in its entirety.