Kudlacek v. Dbc, Inc.
Decision Date | 22 September 2000 |
Docket Number | No. C 99-3041-MWB.,C 99-3041-MWB. |
Citation | 115 F.Supp.2d 996 |
Parties | Donald S. KUDLACEK, Plaintiff, v. DBC, INC., d/b/a Specialty Archery Products, and Donald I. Chipman, Defendants, and Robert E. Shoemake and Jessie Morehead, Third-Party Plaintiffs, DBC, Inc., d/b/a Specialty Archery Products, and Donald I. Chipman, Counterclaim Plaintiffs, v. Donald S. Kudlacek, Counterclaim and Third-Party Defendant. |
Court | U.S. District Court — Northern District of Iowa |
Upon his return from years of wandering after the Trojan War, just before killing all the suitors his wife had unwillingly collected during his absence, Odysseus won an archery contest by shooting an arrow through twelve rings arranged in a line.1 What is most amazing about this story, at least to one acquainted with the present litigation, is that Odysseus apparently managed this feat of marksmanship without the aid of the archery bow stabilizers or peep sight targeting systems made by the parties to this patent infringement lawsuit.
Plaintiff Donald S. Kudlacek filed this action alleging patent infringement on May 20, 1999, against defendants DBC, Inc., an Iowa corporation, doing business as Specialty Archery Products, and Donald I. Chipman. Unless otherwise dictated by the circumstances, the defendants will be referred to collectively as "Specialty." In the single count of his Complaint, Kudlacek alleges that Specialty has been infringing and is continuing to infringe Kudlacek's United States Patent No. 5,611,325 (the '325 patent) for an archery bow stabilizer by making, using, selling, and offering for sale bow stabilizers embodying the patented invention. Kudlacek seeks injunctive relief and damages, including treble damages for willful and wanton infringement, prejudgment interest and costs, attorney's fees, and such other legal and equitable relief as the court deems just. Kudlacek demanded a jury trial of his infringement claim.
On June 14, 1999, Specialty filed an Answer and Counterclaims, and on July 26, 1999, Specialty and third-party plaintiffs Robert E. Shoemake and Jessie Morehead filed an Amended Answer and Counterclaims and Third-Party Complaint.2 In the Amended Answer, Specialty denied Kudlacek's claim of infringement of the '325 patent and asserted various affirmative defenses to that claim. Specialty also asserted one Counterclaim addressed to the '325 patent, Counterclaim 1, which seeks declaratory judgment that Specialty is not now and never has infringed, induced infringement, or contributorily infringed the '325 patent, and that the '325 patent is invalid and/or unenforceable. In a second Counterclaim and Third-Party Claim, Specialty, Shoemake, and Morehead assert their own claim for patent infringement. This claim alleges that Kudlacek sells an "Adjustable Control Peep" for an archery bow that infringes at least claim 1 of United States Patent No. 5,137,007 (the '007 patent), a patent for an "Archery Shooting Control System," which is owned by third-party plaintiffs Shoemake and Morehead, but exclusively licensed to Specialty and for which Specialty holds the first right to sue infringers. Because of this licensing arrangement, the defendants and third-party plaintiffs will also be referred to collectively as "Specialty," unless the circumstances dictate otherwise. On this claim for infringement of the '007 patent by Kudlacek, Specialty seeks injunctive relief, damages, treble damages for willful infringement, an accounting of profits, attorney's fees and costs, and such other relief as the court deems just and equitable.
On March 6, 2000, Specialty filed separate motions for summary judgment determinations of invalidity and non-infringement of the '325 patent. Specialty filed a supplemental memorandum in support of its "invalidity" motion on May 25, 2000, asserting...
To continue reading
Request your trial-
Engineered Products Co. v. Donaldson Co., Inc.
...to that means in the patent specification." Kemco Sales, 208 F.3d at 1360 (citations omitted); see generally Kudlacek v. DBC, Inc., 115 F.Supp.2d 996, 1024-26 (N.D.Iowa 2000) (and cases cited therein, including Envirco Corp. v. Clestra Cleanroom, Inc., 209 F.3d 1360, 1364 (Fed.Cir.2000) (§ ......
-
Pelican Int'l v. Hobie Cat Co.
... PELICAN INTERNATIONAL INC., Plaintiff, v. HOBIE CAT COMPANY, et al., Defendants. No. 20-cv-2390-BAS-MSB United States ... Kingston Tech. Co. , ... 695 F.3d 1348, 1360 (Fed. Cir. 2012)); see also Kudlacek ... v. DBC, Inc. , 115 F.Supp.2d 996, 1021-23 (N.D. Iowa ... 2000) (similar). In so ... ...
-
Muzzy Products, Corp. v. Sullivan Industries, Inc.
...applies whether the court examines literal infringement or infringement under the `doctrine of equivalents.'" Kudlacek v. DBC, Inc., 115 F.Supp.2d 996, 1020 (N.D.Iowa 2000) (citing CAE Screenplates, Inc. v. Heinrich Fiedler GmbH & Co. KG, 224 F.3d 1308, 1312 III. Defendant's Motion for Summ......