The U.S. Court of Appeals for the Federal Circuit reversed a district court decision of non-infringement in favor of Haynes Boone client Acufloor LLC, a manufacturer of tile-leveling devices.
The new ruling in the company’s patent dispute with EvenTile Inc. and Forpac, LLC remands the case to the district court and now clears the path for Acufloor to pursue its patent infringement lawsuit against the two companies.
The case, Acufloor, LLC v. EvenTile, Inc., hinged on the district court’s interpretation of two key terms in Acufloor’s patents for tile-leveling devices. In its decision, the Federal Circuit fully adopted the company’s proposed definition of the "majority of an area" limitation, and it broadened the district court's construction of "edge."
"Because the term ‘area’ in the limitation expressly refers to the area of tile-to-mortar-to-subfloor contact and not to the area of the base, the plain terms of the limitation support Acufloor’s construction,” Judge William Bryson wrote in the appellate decision.
The Federal Circuit’s reversal now allows Acufloor to present its case to a jury under a proper understanding and definition of its patent claims.
"This is an important win for Acufloor, an innovator who deserves the right to defend its intellectual property,” said Haynes Boone Partner Debbie McComas, who argued the case. “The Federal Circuit’s decision ensures that the value of their patented technology can be properly recognized and protected. We are thrilled to have helped them reach this outcome."
Along with McComas, the Haynes Boone Litigation team included Partners Russ Emerson and Angela Oliver, Counsel Caroline Fox, and Associates Adam Erickson, Marron Frith and Andrew Drott.
Haynes Boone’s Chambers-ranked Intellectual Property Practice Group features highly regarded national patent litigation teams, distinguished by their commitment to getting the best possible results for clients. The team includes first-chair trial lawyers and experienced patent lawyers with the specific technical background needed to give clients a strategic advantage. The firm’s Appellate Practice Group is nationally recognized for winning precedent-setting appeals and shaping litigation strategy at every stage of trial. Ranked Band 1 in Chambers USA, the group is known by clients and peers alike for its collaborative approach, empirically driven strategy and success in bet-the-company appeals.
