Professional Documents
Culture Documents
MEDTORQUE, INC.,
Defendant,
GREATBATCH, INC.,
Defendant,
SANDMAR SURGICAL INSTRUMENTS, INC.,
Defendant,
KEVIN MARCHANT,
Defendant,
JAMES WALSH,
Defendant, and
DANIEL KEGG,
Defendant
AMENDED COMPLAINT
Page 1 of 14
(Sandmar), Kevin Marchant (Marchant), James Walsh (Walsh), and Daniel Kegg
(Kegg) as follows:
THE PARTIES
1.
Plaintiff is a corporation duly organized and existing under the laws of the State of
Wisconsin. Plaintiff has a principal place of business at 10325 58th Place, Kenosha, WI 53144.
Plaintiff does not have a parent corporation.
2.
existing under the laws of the State of Wisconsin. MedTorque has a principal place of business
at 5601 95th Avenue, Kenosha, WI 53144.
3.
49 Equity, having offices at One Westminster Place, Suite 100, Lake Forest, IL 60045.
4.
existing under the laws of the State of Delaware. Greatbatch has a principal place of business at
2595 North Dallas Parkway, Suite 310, Frisco, TX 75034.
5.
Upon information and belief, Sandmar was a corporation duly organized and
existing under the laws of the State of Wisconsin. Sandmar had a principal place of business at
4311 43rd Street, Kenosha, WI 53144. Sandmar was administratively dissolved June 10, 2014.
Sandmar has a registered agent, Bernard J. Powers of Foley Shannon Powers & Rusch S.C.,
located at 7200 Washington Ave. Suite 102, Racine, WI 53406.
6.
employment at 5601 95th Avenue, Kenosha, WI 53144 and residing at 1911 2nd Place, Kenosha,
WI 53140.
Page 2 of 14
7.
executor who last resided at 15307 Linn Park Terrace, Lakewood Ranch, FL 34202.
This action is a suit for patent infringement under the patent laws of the United
States, 35 U.S.C. 1 et. seq. The jurisdiction of this Court is proper under 28 U.S.C. 1331,
1332, 1338(a).
10.
11.
This Court has personal jurisdiction over Greatbatch pursuant to Wis. Stat.
801.05(1) because Greatbatch has sufficient minimum contacts with this forum as a result of
engaging in substantial activities, a business relationship, to hire one or more of the remaining
defendants to manufacture infringing products within the State of Wisconsin and within the
Eastern District of Wisconsin.
pursuant to Wis. Stat. 801.05(1) because Greatbatch has engaged in substantial and not isolated
activities within the state of Wisconsin directly related to procurement and distribution of
infringing products.
12.
This Court has personal jurisdiction over MedTorque pursuant to Wis. Stat.
This Court has personal jurisdiction over Sandmar pursuant to Wis. Stat.
Page 3 of 14
801.05(1) because Sandmar was a Wisconsin-registered company located in the Eastern District
of Wisconsin. Personal jurisdiction over Sandmar is also proper under 801.05(3) because
Sandmar committed the alleged acts of infringement in this District.
14.
This Court has personal jurisdiction over Marchant pursuant to Wis. Stat.
801.05(1)(b) and 801.05(8) because Marchant is a natural person domiciled in Wisconsin and
was a principal of both MedTorque and Sandmar, Wisconsin-registered corporations located in
this District, during the time of the alleged acts of infringement. Personal jurisdiction over
Marchant is also proper under 801.05(3) because Marchant committed the alleged acts of
infringement in this District.
15.
This Court has personal jurisdiction over Walsh pursuant to Wis. Stat.
801.05(1)(d) and 801.05(8) because Walsh had purposeful, substantial and continuous contact
with MedTorque, and was a principal of Sandmar, a Wisconsin-registered corporation located in
this District, during the time of the alleged acts of infringement. Personal jurisdiction over
Walsh is also proper under 801.05(3) because Walsh committed the alleged acts of infringement
in this District.
16.
This Court has personal jurisdiction over Kegg pursuant to Wis. Stat.
801.05(1)(d) and 801.05(8) because Kegg had purposeful, substantial and continuous contact
with MedTorque, and was a principal of Sandmar, a Wisconsin-registered corporation located in
this District, during the time of the alleged acts of infringement. Personal jurisdiction over Kegg
is also proper under 801.05(3) because Kegg committed the alleged acts of infringement in this
District.
Page 4 of 14
BACKGROUND
17.
Plaintiff is the owner and assignee of U.S. Patent No. 8,096,214 (the 214
patent) entitled Ratcheting Head with Internal Self-Locking Adapter Related Applications,
which was filed on February 20, 2009 and issued January 17, 2012. A true and correct copy of
the 214 patent is attached hereto as Exhibit A.
18.
The 214 patent claims an orthopedic surgical device with a ratcheting mechanism
which engages two pawls at two points along the ratcheting mechanism.
19.
March 20, 2007, now U.S. Pat. No. 7,992,472, which is a continuation-in-part of application No.
11/545,916, filed on October 11, 2006, now U.S. Pat. No. 7,334,509, and a continuation-in-part
of application No. 29/258,441, filed on April 21, 2006, now U.S. Pat. No. Des. 562,665.
20.
Plaintiff is the owner and assignee of U.S. Patent No. 8,109,181 (the 181
patent) entitled Ratchet Screwdriver and Construction Method, which was filed on July 25,
2007 and issued February 7, 2012. A true and correct copy of the 181 patent is attached hereto
as Exhibit B.
21.
The 181 patent claims an orthopedic surgical device with a ratcheting mechanism
which engages two pawls at two points along the ratcheting mechanism.
22.
Plaintiff is the owner and assignee of U.S. Design Patent No. 562,665 (the 665
patent) entitled Ratcheting Screwdriver Assembly, which was filed on April 21, 2006 and
issued February 26, 2008. A true and correct copy of the 665 patent is attached hereto as
Exhibit C.
Page 5 of 14
24.
25.
infringing products), including an orthopedic surgical product sold as model number RL0003,
which infringes the 214, 181, and 665 patents.
26.
Upon information and belief, Greatbatch first entered into contracts to procure
specifications and related manufacturing services for one or more of the infringing products with
Sandmar.
27.
Upon information and belief, Sandmar was wholly owned and managed by three
Upon information and belief, Marchant, Walsh, and Kegg were each individually
Upon information and belief, MedTorque was at least partially owned and
managed by Marchant from 2008 through 2012, along with other undisclosed owners and/or
managers.
31.
Upon information and belief, during at least the above period, Greatbatch was a
infringing products, including the orthopedic surgical product with the model number RL0003
which infringes the 214, 181, and 665 patents.
Page 6 of 14
Plaintiff realleges and incorporates by reference as if fully set forth herein the
35.
The Defendants, without permission of Plaintiff, have been and are still infringing
at least claims 1, 7, and 14 of the 214 patent as infringement is defined by 35 U.S.C. 271(a) by
making, selling, offering for sale, using and/or importing the infringing products, including at
least the RL0003 orthopedic tool. Based on the elements included in the claims, every element
of the Defendants device can be identified as structurally identical or structurally equivalent.
36.
To illustrate this, Plaintiff has provided labeled drawings of the infringing tool, so
that its structures can readily be identified as structurally identical or structurally equivalent.
These drawings are true and correct representations of the elements of the Plaintiff tool and the
infringing tool.
structurally identical or structurally equivalent. The combined drawings and claim chart for the
214 patent are attached hereto as Exhibit D.
37.
The Defendants had notice of the 214 patent no later than the date upon which
To the extent that the Defendants have continued or do continue their infringing
activities after receiving notice of the 214 patent, such infringement is willful, entitling Plaintiff
to the recovery of treble damages pursuant to 35 U.S.C. 284.
39.
214 patent. Plaintiff will continue to suffer irreparable harm if the Defendants are allowed to
continue their infringing activity. Plaintiff believes that the Defendants will continue to infringe
Page 7 of 14
Plaintiff realleges and incorporates by reference as if fully set forth herein the
The Defendants, without permission of Plaintiff, have been, and are still actively
Plaintiff realleges and incorporates by reference as if fully set forth herein the
The Defendants, without permission of Plaintiff, have been, and are still actively
contributorily infringing the 214 patent as defined by 35 U.S.C. 271(c) by selling and offering
for sale components constituting material parts of the product disclosed and claimed in the 214
patent. The components of the infringing products are not staple articles or commodities of
commerce and have no substantial non-infringing use.
Page 8 of 14
Plaintiff realleges and incorporates by reference as if fully set forth herein the
46.
The Defendants, without permission of Plaintiff, have been and are still infringing
at least claims 1, 6, and 9 of the 181 patent as infringement is defined by 35 U.S.C. 271(a) by
making, selling, offering for sale, using and/or importing the infringing products, including at
least the RL0003 orthopedic tool. Plaintiffs claims include numbered references to drawing
elements to avoid ambiguity and clarify interpretation.
included directly in the claims, every element of the Defendants device can be identified as
structurally identical or equivalent.
numbered drawings of the infringing tool, so that its structures can readily be identified as
structurally identical or structurally equivalent.
representations of the elements of the Plaintiff tool and the infringing tool. Plaintiff has also
provided a claim chart to identify claimed elements as structurally identical or structurally
equivalent. The combined drawings and claim chart for the 181 patent are attached hereto as
Exhibit E.
47.
The Defendants had notice of the 181 patent no later than the date upon which
To the extent that the Defendants have continued or do continue their infringing
activities after receiving notice of the 181 patent, such infringement is willful, entitling Plaintiff
to the recovery of treble damages pursuant to 35 U.S.C. 284.
49.
Page 9 of 14
181 patent. Plaintiff will continue to suffer irreparable harm if the Defendants are allowed to
continue their infringing activity. Plaintiff believes that the Defendants will continue to infringe
the 181 patent unless enjoined by this Court.
Plaintiff realleges and incorporates by reference as if fully set forth herein the
The Defendants, without permission of Plaintiff, have been, and are still actively
Plaintiff realleges and incorporates by reference as if fully set forth herein the
The Defendants, without permission of Plaintiff, have been, and are still actively
contributorily infringing the 181 patent as defined by 35 U.S.C. 271(c) by selling and offering
for sale components constituting material parts of the product disclosed and claimed in the 181
patent. The components of the infringing products are not staple articles or commodities of
commerce and have no substantial non-infringing use.
Page 10 of 14
Plaintiff realleges and incorporates by reference as if fully set forth herein the
56.
The Defendants, without permission of Plaintiff, have been and are still infringing
at least claim 1 of the 665 patent as infringement is defined by 35 U.S.C. 271(a) by making,
selling, offering for sale, using and/or importing the infringing products, including at least the
RL0003 orthopedic tool. Plaintiffs claims include numbered references to drawing elements to
avoid ambiguity and clarify interpretation. Based on the numbered elements included directly in
the claims, every element of the Defendants device can be identified as structurally identical or
equivalent. To illustrate this, Plaintiff has provided labeled and numbered drawings of the
infringing tool, so that its structures can readily be identified as structurally identical or
structurally equivalent. These drawings are true and correct representations of the elements of
the Plaintiff tool and the infringing tool. Plaintiff has also provided a claim chart to identify
claimed elements as structurally identical or structurally equivalent. The combined drawings and
claim chart for the 665 patent are attached hereto as Exhibit F.
57.
The Defendants had notice of the 665 patent no later than the date upon which
To the extent that the Defendants have continued or do continue their infringing
activities after receiving notice of the 665 patent, such infringement is willful, entitling Plaintiff
to the recovery of treble damages pursuant to 35 U.S.C. 284.
Page 11 of 14
59.
665 patent. Plaintiff will continue to suffer irreparable harm if the Defendants are allowed to
continue their infringing activity. Plaintiff believes that the Defendants will continue to infringe
the 665 patent unless enjoined by this Court.
Plaintiff realleges and incorporates by reference as if fully set forth herein the
The Defendants, without permission of Plaintiff, have been, and are still actively
Plaintiff realleges and incorporates by reference as if fully set forth herein the
The Defendants, without permission of Plaintiff, have been, and are still actively
contributorily infringing the 665 patent as defined by 35 U.S.C. 271(c) by selling and offering
for sale components constituting material parts of the product disclosed and claimed in the 665
patent. The components of the infringing products are not staple articles or commodities of
Page 12 of 14
B.
C.
D.
A declaration that the '214 patent is valid, enforceable, and infringed by the
Defendants;
E.
A declaration that the '181 patent is valid, enforceable, and infringed by the
Defendants;
F.
A declaration that the '665 patent is valid, enforceable, and infringed by the
Defendants;
G.
H.
Page 13 of 14
I.
JURY DEMAND
Plaintiff demands a trial by jury on all issues properly tried to a jury.
s/ Jill Welytok
Jill Welytok, Bar No. 1,019,616
Attorney for the Plaintiff
Absolute Technology Law Group, LLC
3316 W. Wisconsin Avenue
Milwaukee, WI 53208
Telephone: (414) 223-1670
Fax: (414) 223-1671
Email: jwelytok@abtechlaw.com
Page 14 of 14
US008096214B2
Gao
(54)
US 8,096,214 B2
(52)
(58)
81/63_1
APPLICATIONS
(56)
References Cited
U.S. PATENT DOCUMENTS
6,568,693 B2 *
5/2003
7,213,491 B1*
2003/0213343 A1*
Filed:
US 2009/0205467 A1
SC.
(57)
is
continuation-in-part
of
application
No.
Des. 562,665.
ABSTRACT
(51)
Int. Cl.
B25B 23/15 7
81/583
* cited by examiner
(65)
11/2003
(2006.01)
US. Patent
Sheet 1 014
US 8,096,214 B2
US. Patent
Sheet 3 of4
US 8,096,214 B2
US. Patent
Jan. 17,2012
Sheet40f4
60
14
52
84
16 56
62
18
64
US 8,096,214 B2
5Q
12 7
'
\ <-
48
*104
F1g.8
\100
102
40
106
2
108
60
16 5s
14
52
84
5O
62
18
64
66
12
//
110
Fig.9
48
102
100
40104
106
106 16
60
55
62
32
14
108
52
64
84
18
66
50
12
110
//
'
74
F1g.l0
100
48
102
40 104
32 108
106
US 8,096,214 B2
1
2
FIG. 2 is an exploded vieW of the ratcheting assembly
shoWn in
FIG. 3
shoWn in
FIG. 4
RELATED APPLICATIONS
FIG. 1.
is a side elevation vieW of the ratcheting assembly
FIG. 1.
is a perspective vieW of a tool adapter used in the
capabilities.
20
25
Which enable the tool to apply a force to the fastener When the
tool is rotated in one direction, and to alloW the tool to rotate
35
45
bly 10. The housing 14 has a pair of holes 24 that each hold in
place a spring 26. The springs 26 provide biasing means for a
driver or handle.
located of the gear, to lock and secure the internal shaft to the
60
that provides the necessary support for gear 32. The gear 32
Work piece.
US 8,096,214 B2
3
or rotate along the surface, but the surface 84 could take other
shapes and forms that Would hold the bearing 52 in the nec
essary arrangement.
FIGS. 7-10 provide cross-sectional vieWs of the assembly
10 demonstrating various stages of the locking balls 50 inter
acting With the shaft 40 and the tool shaft 100. As previously
described, the connection section 18 is secured to the housing
14 by Way of the screWs 64. The adjustment ring 16 is situated
around the housing 14, With the paWls 28 interacting With the
gear 32 Within the housing 14. The plunger 60 is biasedWithin
a detent 62 by the use of the spring 56, Which locks the
assembly 10 in a respective operating direction. The gear 32
the tool body 100 intemally of the shaft to secure the shaft 100
in place, as is demonstrated in FIGS. 8-10. It should be
understood that other objects could be used instead of ball
bearings and Would fall Within the scope of the present inven
tion. For example, other bearings or rolling members, such as
20
25
assembly 10.
30
50
55
shaft 100 is not locked to the assembly 10, and the user is able
to push the tool shaft 100 entirely Within the shaft 40 to
engage the end surface 74. The ball bearings 52 and the shaft
40 Will be pushed inWard and alloW the shaft 100 to pass by
the bearings 52. The spring 48 Will then be able to push the
shaft 40 back to the locking position or operating position.
The gear 32 and the paWls 28 Will be aligned With another
for the paWls 28 to interact With the gear 32. The interior 76
also has a second section 82 that has a tapered surface 84,
With the ?rst end 108 of the shaft 100 abutting the recessed
60
the tapered section 84 of the housing 14. Thus, the tool shaft
100 is locked in place by pushing the tool shaft 100 inWardly,
area 104. The shaft 40 and the gear 32 are moved inWardly, as
Well, as they are connected to the collar 12.
FIG. 8 shoWs the tool body 100 inserted Within the shaft 40.
The tool body 100 has an indent 102 located betWeen a ?rst
end 108 that is inserted into the shaft 40 and a second end 110
that Will form a typical tool bit or adapter, such as a socket
Wrench adapter. The ?rst end 108 has a ?rst dimension that
indent 102 and pressure is removed from the collar 12, the
65
US 8,096,214 B2
6
5
shaft 40 and the gear 32 Will move outwardly, so that the gear
a housing;
a gear located in said housing;
a movable holloW shaft located in said housing and biased
position;
20
10 When in use.
35
I claim:
50
shaft; and
outWard movement of said compressible collar
said adapter.
55
said shaft,
Wherein said securing means further comprises a bearing
assembly.
said releasing means further comprises a collar connected to
a housing;
a gear located in said housing;
US008109181B2
(12)
(54)
2,627,330
4,086,831
4,427,100
4,777,852
Notice:
11/795,963
(86)
PCT No.:
PCT/US2006/019269
371 (0X1)
(2), (4) Date:
(87)
(65)
US 2009/0301267 A1
(51)
Int. C1.
3253 13/46
(52)
(58)
(2006.01)
(56)
References Cited
U.S. PATENT DOCUMENTS
1,193,716 A
1,442,003 A
8/1916 Purssell
1/1923 Rohrer
A
A
A
A
2/1953
5/1978
1/1984
10/1988
US 8,109,181 B2
Feb. 7, 2012
GantZ
Smith
Rude
Herman
5,570,616 A *
11/1996
5,619,891
5,848,680
5,873,288
5,943,755
5,974,915
6,070,503
4/1997
12/1998
2/1999
8/1999
11/1999
6/2000
Tiede
Rinner
Gauthier
Gauthier
Chou
Shiao
A
A
A
A
A
A
6,282,990 B1*
9/2001
6,523,439 B1
6,543,315 B2
2/2003 Huang
4/2003 Huang
6,658,970
6,679,363
6,997,084
7,014,023
B2
B1
B1
B1
12/2003
1/2004
2/2006
3/2006
Shiao
Marchant
Gao
Gauthier
* cited by examiner
Primary Examiner * Debra S Meislin
Group, LLC
(57)
ABSTRACT
body (17), a gear (56), a paWl (21, 22, 71), and a selector (27)
movable on the assembly. The selector carries a paWl actuator
(38, 81) for pivoting the paWl, and there is a rotation lock (42,
92) on the selector for releasably holding the rotated selector.
The selector can be axially, and also rotationally, movable on
(62, 64) effective between the body and the member, thus
restricting axial movement in the assembly. There is provi
sion for assembly along the axis from adjacent the handle.
There are modi?cations and an assembly method.
US. Patent
Feb. 7, 2012
Sheet 1 015
US 8,109,181 B2
FIG. 1
US. Patent
Feb. 7, 2012
Sheet 2 015
US 8,109,181 B2
43
47
/
64
I4
42
69
66
44
/6
67
49
8: \
56
\Q
FIG. 5
Case 2:16-cv-00420-LA Filed 06/21/16 Page 3 of 9 Document 10-2
US. Patent
Feb. 7, 2012
Sheet 3 015
US 8,109,181 B2
FIG. 8
Case 2:16-cv-00420-LA Filed 06/21/16 Page 4 of 9 Document 10-2
US. Patent
Feb. 7, 2012
Sheet 4 015
US 8,109,181 B2
US. Patent
Feb. 7, 2012
Sheet 5 015
US 8,109,181 B2
92
87
a
5g
9/
FIG. 13
93
66
92
96
94
FIG. l4
Case 2:16-cv-00420-LA Filed 06/21/16 Page 6 of 9 Document 10-2
US 8,109,181 B2
1
20
25
30
paWl.
35
force on the assembly and on the drive gear for stabiliZing the
40
B in FIG. 4.
FIG. 6 is a section vieW taken on a plane designated by the
line 6-6 ofFIG. 4.
FIG. 7 is an enlarged perspective vieW of a part shoWn in
FIG. 3.
FIG. 8 is an enlarged end elevation vieW of a part shoWn in
FIG. 3.
FIG. 9 is a perspective of a part shoWn in FIG. 3.
FIG. 10 is a slightly enlarged end elevation vieW of a part
shoWn in FIG. 3.
FIG. 11 is a section vieW similar to FIG. 6 but shoWing
another embodiment of this invention.
FIG. 12 is a perspective vieW similar to FIG. 7 but With
ment of FIG. 1.
FIG. 4 is an enlarged section vieW taken on a plane desig
invention.
FIG. 2 is a front end perspective vieW of a fragment of FIG.
1.
FIG. 3 is a back end exploded perspective vieW of a frag
that is pressed into the ring hole 43, so the pin 42 moves With
the ring 27. Without retraction of the ring 27 and its pin 42, the
US 8,109,181 B2
3
support for the pawl in both its engaged positions. Also, the
pression plate for enclosing the rear end of the ratchet mecha
nism 14 and it presents a circular surface 47 which, along with
42.
A saw tooth gear 56 is rotatably supported, as part of the
25
the pin 92 into the selected one of three holds now 96 in the
30
35
40
tion, and here only one pivotal pawl 71 is employed. The gear
55
comprising:
either FIG. 6 or FIG. 11. The annulus lock pin 42 or 92 and its
mounting can be in any embodiment.
The embodiments are described in their construction, and it
will be understood that changes can be made therein and still
screws 64.
tional and axial sliding support of the ring 73, and the cage
supports a single pivot pin 76 for support of the pawl 71 which
extends through the shown cage radial opening 75. Also, there
56 is the same, but the body is now a cage 72, and the ring is
different from the previous embodiment, and it is now ring or
said member and said selector having a pin (42, 92) extend
ing in the axial direction to be engageable between said
member and said selector for achieving the selective
locking of said selector on said body.
US 8,109,181 B2
6
comprising:
comprising:
comprising:
comprising:
comprising:
fasteners (64) connected with said member and operative
on said body and said springs, wherein said fasteners
axially urge said member, said springs and said pin into
axial restraint for the selector locking mode.
6. In a ratchet screwdriver, a body (17, 72) having a longi
tudinal axis (A), a gear (56) disposed within the body and
rotatable by the handle about the axis (A), a pawl (21, 22, 71)
face (60),
said selector being an annulus and having axially spaced
apart interior circular surfaces (49), and
said body and said member respectively having circular
surfaces (48, 47) in sliding contact with said selector
surfaces for movably guiding said selector on said body
comprising:
35
USO0D562665S
6,070,501 A *
Term:
(22) Filed:
12/2000
Oliver et al.
................ .. D8/83
Chiang .... ..
81/63.2
Glass et al. .................. .. D8/83
7/2003
6,898,998 B2
5/2005 Shyu
6,996,886 B1
2/2006 Rinner
6,997,084 B1 *
D520,841 S *
2/2006
5/2006
11/2002 Martin
7/2003 Cunningham
6/2004 Shyu
08-04
D8/83; D8/86
6/2001
10/2001
2003/0136234 A1
2004/0103763 A1
............................................... ..
D434,630 S *
6,250,183 B1*
D449,505 S *
2002/0170134 A1
11/2000 Fu-Hui
D476,875 S
14 Years
6/2000
6,151,998 A
D454,045 S
US D562,665 S
D8/ 14,
* cited by examiner
(56)
(57)
References Cited
3,025,994 A
3/1962 Kaplan
3,222,943 A *
12/1965
3,654,975 A *
D255,979 S
7/1980
D259,698 S
6/1981 MacNeill
D260,599 S
D282,713 S
9/1981 Wong
2/1986 Flory et a1.
D284,346
4,599,779
D296,296
4,763,546
4,777,852
CLAIM
S
A
S
A
A
6/1986
7/1986
6/1988
8/1988
10/1988
4,791,837 A *
12/1988
Main ........................ ..
3/1989
9/1993
3/1995
5/1996
7/1996
10/1996
11/1996
1/1997
11/1997
12/1998
Kuo
Baum
Lin
Bakula et a1.
Braun et a1.
Martin
Thompson et a1.
Lin
Braun
Rinner
A
S
S
A
A
S
A
S
A
A
6,047,801 A *
4/2000
Masters
Thibault
Lee
Yeh et a1.
Herman et al.
4,813,551
D339,279
D356,239
5,520,073
5,535,648
D374,162
5,570,616
D377,444
5,685,204
5,848,680
DESCRIPTION
FIG. 1 is a rear perspective view of a ratcheting screwdriver
81/63.1
1.
FIG.
FIG.
FIG.
FIG.
3
4
5
6
is
is
is
is
of FIG. 1; and,
FIG. 7 is a front perspective exploded view of the assembly
of FIG. 1.
The broken lines of FIGS. 144 and 647 are for illustrative
purposes and form no part of the claimed design. The broken
lines showing a handle in FIG. 3 are for illustrative purposes
and form no part of the claimed invention.
U.S. Patent
Sheet 1 of3
US D562,665 S
U.S. Patent
Sheet 2 of3
US D562,665 S
Fig. 3
U.S. Patent
Sheet 3 of3
US D562,665 S
Exhibit D
Patent Element
Identical or
Equivalent?
10
Yes
a housing;
14
Yes
32
Yes
28
Yes
16
Yes
22
Yes
52
Yes
Explanation
The infringing tool is a ratcheting assembly for a tool.
The infringing tool includes a housing identical to the
claimed housing, as shown in Illustrations 1 and 2.
The infringing tool includes a gear identical to the
claimed gear, as shown in Illustrations 1 and 2.
The infringing tool includes two pawls behaving in an
identical fashion, as labeled in Illustrations 1 and 2, and
shown in Illustration 3.
The infringing tool includes a selector for adjusting the
pawl ratcheting action, as labeled in Illustrations 1 and 2,
and shown in Illustration 3. This selector is identical to
the claimed selector with the exception of an external
protrusion, which is neither claimed nor disclaimed in this
claim.
The infringing tool includes an adapter identical to the
claimed housing, as shown in Illustrations 4 and 5.
The infringing tool includes a securing means functionally
identical to the claimed securing means, as shown in
Illustrations 4 and 5.
The infringing tool's securing means are identical to those
in Bradshaw's tool, with one exception. The securing
means simultaneously engages the tool and another
housing separated from the claimed housing. The
separation of one component into two creates functional
equivalence.
Page 1
Case 2:16-cv-00420-LA Filed 06/21/16
Page 1 of 10 Document 10-4
Exhibit D
Patent Element
Identical or
Equivalent?
Explanation
The infringing tool is a ratcheting assembly for a tool.
10
Yes
a housing;
14
Yes
32
Yes
Yes
22
28
Yes
16
Yes
Page 2
Case 2:16-cv-00420-LA Filed 06/21/16
Page 2 of 10 Document 10-4
Exhibit D
Patent Element
52
Identical or
Equivalent?
Yes
Explanation
The infringing tool includes a securing means functionally
identical to the claimed securing means, as shown in
Illustrations 4 and 5.
The infringing tool's securing means are identical to those
in Bradshaw's tool, with one exception. The securing
means simultaneously engages the tool and another
housing separated from the claimed housing. The
separation of one component into two creates functional
equivalence.
Page 3
Case 2:16-cv-00420-LA Filed 06/21/16
Page 3 of 10 Document 10-4
Exhibit D
Patent Element
Identical or
Equivalent?
Explanation
The infringing tool is a ratcheting assembly for a tool.
10
Yes
a housing;
14
Yes
32
Yes
28
Yes
16
Yes
12, 22, 52
Yes
Yes
22
Page 4
Case 2:16-cv-00420-LA Filed 06/21/16
Page 4 of 10 Document 10-4
Exhibit D
Patent Element
52
12
Identical or
Equivalent?
Yes
Explanation
The infringing tool includes a securing means functionally
identical to the claimed securing means, as shown in
Illustrations 4 and 5.
The infringing tool's securing means are identical to those
in Bradshaw's tool, with one exception. The securing
means simultaneously engages the tool and another
housing separated from the claimed housing. The
separation of one component into two creates functional
equivalence.
Yes
Page 5
Case 2:16-cv-00420-LA Filed 06/21/16
Page 5 of 10 Document 10-4
Plaintiffs Device
Figure 2
US Patent No. 8,096,214
Illustration 1
Exhibit D
Defendants' Device
Corresponding Elements to Figure 2
US Patent No. 8,096,214
(See illustration 1, previous page)
Exhibit D
PAWL 28
PIN 34
SPRING 26
BEARING
SELECTOR 16
WASHER
HOUSING 14
GEAR 32
Illustration 2
CUTOUTS 54
Plaintiff
Exhibit D
CUTOUT
HOLE 24
RECEIVE SPRING
SURFACE
Illustration 3
Defendants
Case 2:16-cv-00420-LA Filed 06/21/16 Page 8 of 10 Document 10-4
Exhibit D
Plaintiffs Device
Figure 7
US Patent No. 8,096,214
Illustration 4
Exhibit D
Defendants' Device
Corresponding Elements to Figure 7
US Patent No. 8,096,214
(See illustration 4, previous page)
SECURING MEANS 52
HOLLOW
SHAFT 22
HOLLOW
ADAPTER 22
COLLAR 12
Illustration 5
Exhibit E
Patent Element
In a ratchet screwdriver,
a body (17, 72) having a longitudinal axis (A),
17, 72
Identical or
Equivalent?
Yes
Yes
Explanation
The infringing tool is a ratcheting screwdriver.
The infringing tool includes a body identical to the
claimed body, as shown in Illustrations 1 and 2.
56
Yes
21, 22, 71
Yes
27, 73
Yes
17, 27
Yes
Yes
17, 27
Page 1
Case 2:16-cv-00420-LA Filed 06/21/16
Page 1 of 12 Document 10-5
Exhibit E
Patent Element
In a ratchet screwdriver,
a body (17, 72) having a longitudinal axis (A),
17, 72
Identical or
Equivalent?
Yes
Yes
Explanation
The infringing tool is a ratcheting screwdriver.
The infringing tool includes a body identical to the
claimed body, as shown in Illustrations 1 and 2.
56
Yes
21, 22, 71
Yes
27, 73
Yes
Yes
60
Page 2
Case 2:16-cv-00420-LA Filed 06/21/16
Page 2 of 12 Document 10-5
Exhibit E
Patent Element
a member (44) on a second axial side of said gear
and being connected to said body for applying
axial force along said axis onto said gear to restrict
axial movement of said gear relative to said axis
and away from said body surface (60),
said selector being an annulus and having axially
spaced apart interior circular surfaces (49), and
said body and said member respectively having
circular surfaces (48, 47) in sliding contact with
said selector surfaces for movably guiding said
selector on said body and said member.
44
49
47, 48
Identical or
Equivalent?
Explanation
Yes
Yes
Yes
Page 3
Case 2:16-cv-00420-LA Filed 06/21/16
Page 3 of 12 Document 10-5
Exhibit E
Patent Element
In a ratchet screwdriver,
a body (17, 72) having a longitudinal axis (A),
17, 72
Identical or
Equivalent?
Yes
Yes
Explanation
The infringing tool is a ratcheting screwdriver.
The infringing tool includes a body identical to the
claimed body, as shown in Illustrations 1 and 2.
56
Yes
21, 22, 71
Yes
27, 73
Yes
Yes
60
Page 4
Case 2:16-cv-00420-LA Filed 06/21/16
Page 4 of 12 Document 10-5
Exhibit E
Patent Element
a member (44) on a second axial side of said gear
and being connected to said body for applying
axial force along said axis onto said gear to restrict
axial movement of said gear relative to said axis
and away from said body surface (60), and
said body having a surface (55) disposed to face
said handle and said selector being arranged to be
axial movable toward said body surface (55) and
to present a space (51) adjacent to said body for
the axial movement of said selector in the
assembled screwdriver.
44
51, 55
Identical or
Equivalent?
Explanation
Yes
Yes
Page 5
Case 2:16-cv-00420-LA Filed 06/21/16
Page 5 of 12 Document 10-5
Exhibit E
Plaintiffs Device
Figure 3
US Patent No. 8,109,181
Illustration 1
Defendants Device
Corresponding Elements to Figure 3
US Patent No. 8,109,181
(See illustration 1, previous page)
Exhibit E
PAWL, 21, 22
PIN 23
SPRING 24
BEARING 57
SELECTOR 27
WASHER 62
BODY 17
GEAR 56
Illustration 2
CORNER 38
Plaintiff
Exhibit E
PIVOT POSTS 23
SECURED IN BODY 17
CUTOUT 19
HOLE 39
RECEIVE SPRING
SURFACE 36
Illustration 3
Defendants
Case 2:16-cv-00420-LA Filed 06/21/16 Page 8 of 12 Document 10-5
Exhibit E
Plaintiff
SURFACE 47
IN CLAIM 6
FACE 55
IN CLAIM 9
CUTOUT 19
Defendants
Illustration 4
Exhibit E
Plaintiff
FACE 48
IN CLAIM 6
FACE 55
IN CLAIM 9
FACE 36
CUTOUT 19
CENTER OPENING18
BODY 17
HOLE 39
RECEIVE SPRING
Illustration 5
Defendants
Case 2:16-cv-00420-LA Filed 06/21/16 Page 10 of 12 Document 10-5
Exhibit E
SPACE 51
IN CLAIM 9
FACE 55
IN CLAIM 9
SURFACE 47
IN CLAIM 6
CUTOUT 19
SURFACE 48
IN CLAIM 6
Plaintiff
Illustration 6
Defendants
Exhibit E
SPACE 51
IN CLAIM 9
SURFACE 49
IN CLAIM 6
SURFACE 60
IN CLAIM 6
SURFACE 47
IN CLAIM 6
MEMBER 44
IN CLAIM 6
SURFACE 48
IN CLAIM 6
Plaintiff
Illustration 7
Defendants
FACE 55
IN CLAIM 9
Exhibit F
Patent Element
The ornamental design for a ratcheting
screwdriver assembly, as shown and described.
Identical or
Equivalent?
Explanation
Yes
Page 1
Case 2:16-cv-00420-LA Filed 06/21/16
Page 1 of 4 Document 10-6
Plaintiff
Illustration 1
Exhibit F
Defendants
Plaintiff
Illustration 2
Exhibit F
Defendants
Plaintiff
Illustration 3
Exhibit F
Defendants