GUM CREEK CUSTOMS LLC v. TROPHY HUNTING PRODUCTS INC
5:16-cv-00114
M.D. Ga.Jul 17, 2017Background
- Gum Creek Customs sued Trophy Hunting Products for patent infringement over a vehicle holster (gun mount) design; Trophy denies infringement and counterclaims invalidity.
- Disputed language appears in Claim 1 concerning two “attachment means” at each end of an adjustable tension strap (each described as co-axial to the strap’s central axis and receivable in specified vehicle gaps beneath the steering column).
- Both parties agree the terms are means-plus-function under 35 U.S.C. § 112(f); the Court found no rebuttal showing structural recitation in the claim itself.
- Plaintiff proposed multiple corresponding structures (hook-shaped device; steering-column strap; D-ring-linked strap); Defendant urged a hook-shaped device in-line with the strap axis for both attachment means.
- The specification discloses both hooks and separate steering-column strap embodiments, but certain figures and Claim 5 treat steering-column straps as separate/additional features rather than as the claimed attachment means in Claim 1.
- The prosecution history shows Plaintiff added the “capable of being received in a gap” limitation to overcome a prior-art rejection, which the Court treated as narrowing the claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Construction of first attachment means ("first attachment means attached at said first end ... co-axial to central axis A") | Term denotes a means with an axis passing near its center; corresponds to hook, steering-column strap, or strap + D-ring | It is a hook-shaped device attached in-line with the strap’s central axis | First attachment means = a hook-shaped device attached to one end of the adjustable tension strap and having a common axis with the strap’s central axis (central axis A). |
| Construction of capability to be received in gap (first attachment) | Add “wherein at least a portion of” to allow partial reception in gap | Hook-shaped device capable of fitting into the gap; emphasize function to create tension to hold mount | Term construed as: this first hook-shaped device capable of being received in a gap below and adjacent to the steering column (no added "at least a portion" language). |
| Construction of second attachment means ("second attachment means attached to ... distal end ... co-axial to central axis A") | Same as first: axis-passing structure; corresponds to hook or straps | Hook-shaped device attached in-line with strap axis | Second attachment means = a hook-shaped device attached to the other end of the adjustable tension strap and having a common axis with the strap’s central axis (central axis A). |
| Construction of capability to be received in lower dash gap (second attachment) | Add “wherein at least a portion of” | Hook-shaped device that fits into lower dash gap to allow tension to secure holster mount | Term construed as: this second hook-shaped device capable of being received in a lower gap between dash plates below the first hook-shaped device to allow tension to secure the holster vehicle mount. |
Key Cases Cited
- Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996) (claim construction is a matter for the court)
- Phillips v. AWH Corp., 415 F.3d 1303 (2005) (claims construed by their ordinary meaning to a person of skill using intrinsic evidence)
- Warner-Jenkinson Co. v. Hilton Davis Chem. Co., 520 U.S. 17 (1997) (explains means-plus-function claims and use of function-based claiming)
- Apex Inc. v. Raritan Computer, Inc., 325 F.3d 1364 (2003) (presumption that use of term "means" invokes § 112 ¶ 6 can be rebutted by structural recital)