Free Trial Brief - District Court of Connecticut - Connecticut

Case 3:02-cv-01723-AVC

Document 76

Filed 03/01/2004

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

EASCO HAND TOOLS, INC., ARMSTRONG TOOLS INC., KINGSLEY TOOLS INC., LEA WAY HAND TOOL CORPORATION, AND MATCO TOOLS CORPORATION, Plaintiffs, vs. HU, HOU-FEI, a/k/a BOBBY HU, Defendant.

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Civil Action No. 3:02 CV 1723 (AVC) Consolidated with Civil Action No. 3:02 CV 1747 (AVC)

March 1, 2004

PARTIES' JOINT CLAIM CONSTRUCTION STATEMENT

Pursuant to the Court's December 4, 2003 Scheduling Order, plaintiffs, Easco Hand Tools Inc., Kingsley Tools Inc., Lea Way Hand Tool Corporation and Matco Tools Corporation ("Easco") and defendant Hu, Hou-Fei, a/k/a/ Bobby Hu ("Hu") submit their joint claim construction statement. This claim construction statement sets forth the construction of those claim terms on which the parties agree and each party's proposed construction for each disputed claim term.

`387 Patent Claim 17 Claim Term 1. "ratcheting tool" Agreed To Construction Easco Proposed Construction A tool having a mechanism that consists of a bar or wheel having inclined Hu Proposed Construction A contrivance held in and worked by the hand for performing or facilitating

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teeth with which a pawl interacts so that motion can be imparted to the wheel or bar. 2. "rotatably" In such a manner as to be able to turn on or about an axis or center. A shaft or shaft-like structure extended beyond the compartment.

mechanical operations engaging a toothed wheel with a pawl.

3. "drive member"

A constituent part of any structural unit or composite whole that causes something to move by force or compulsion in a direction.

4. "including"

5. "gear wheel" 6. "outer periphery" 7. "plurality" 8. "fist"

9. "pawl"

10. "center of curvature"

11. "engaged"

Containing, taking in, or comprising as part of a larger whole. Circular structure with teeth. Outer external surface. More than one Fist is a typographical error in claim 17 made by the United States Patent and Trademark Office. One of ordinary skill in the art would understand this to be "first." A device adapted to fit into a notch or interdental spaces on another part (as a ratchet or gear wheel) so as to permit motion in only one direction. The point equally distant from all points of the circumference of a circle that lies on a curve. Meshed. -2-

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12. "disengaged" `387 Patent Claim 18 Claim Term 13. "including a drive column"

Not fully meshed.

Agreed To Construction Containing, taking in, or comprising as part of a larger whole, a cylindrical or polygonal shaft that causes something to move by force.

Easco Proposed Construction

Hu Proposed Construction

`387 Patent Claim 19 Claim Term 14. "being coincident with a center of the gear wheel" Agreed To Construction Occupying the same place or position as the middle point around which the gear wheel revolves. Easco Proposed Construction Hu Proposed Construction

`387 Patent Claim 21 Claim Term 15. "being arranged in a continuous manner" `387 Patent Claim 22 Claim Term 16. "mounted" -3Agreed To Construction Easco Proposed Construction Attached to. Hu Proposed Construction Put into position for use. Agreed To Construction Placed to be uninterrupted in space or sequence. Easco Proposed Construction Hu Proposed Construction

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Easco has proposed as a compromise the following construction: held in position. 17. "compartment" 18. "section" 19. "wall" 20. "moveable" 21. "radial direction" A space partitioned off. A separate distinct part of anything. A structure defining a space. Capable of moving or being moved. For purposes of claim construction this term is combined with term relative to the drive member. A line of movement inward or outward along a radius of the drive member. Touching sufficient to Pressing or pushing create a reactive force. against.

22. "radial direction relative to the drive member" 23. "bearing"

`387 Patent Claim 23 Claim Term 24. "reversing plate" Agreed To Construction A thin, flat piece that is capable of changing the direction of a mechanism. Capable of turning about a line. The reversing plate being capable of moving on or about, or as if on or about, a pivot and conveying or passing that movement to the pawl. -4Easco Proposed Construction Hu Proposed Construction

25. "pivotable about an axis" 26. "pivotable movement of the reversing plate being transmitted to the pawl"

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Respectfully submitted, PLAINTIFFS: EASCO HAND TOOLS, INC., ARMSTRONG TOOLS, INC., KINGSLEY TOOLS, INC., LEA WAY HAND TOOL CORPORATION and MATCO TOOLS CORPORATION By: ________________________________ Francis H. Morrison, III (ct 04200) [email protected] Matthew J. Becker (ct 10050) [email protected] Day, Berry & Howard LLP CityPlace I Hartford, CT 06103 860-275-0100 860-2675-0343 (Fax) Attorneys For Plaintiffs

By: ________________________________ Jonathan M. Pierce, Esq. Federal Bar No. ct24417 Michael F. Heim, Esq. Federal Bar No. ct22416 CONLEY ROSE P.C. 7100 JP Morgan Chase Tower Houston, Texas 77002-2912 Telephone: (713) 238-8000 Facsimile: (713) 238-8008 E-mail: [email protected] E-mail: [email protected] Attorneys For Defendant

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CERTIFICATE OF SERVICE THIS IS TO CERTIFY that a copy of the foregoing Parties' Joint Claim Construction Statement was sent this 1st day of March, 2004, by mail and fax to: J. Hoke Peacock III, Esq. (first class mail) Randall W. Wilson, Esq. Susman Godfrey L.L.P. 1000 Louisiana Street, Suite 5100 Houston, TX 77002-5096 Dana B. Zabel, Esq. (first class mail) Cohen and Wolf, P.C. 1115 Broad Street Bridgeport, CT 06604 Jonathan Pierce, Esq. (overnight mail and fax) Michael F. Heim, Esq. Conley, Rose & Taylor, P.C. 600 Travis Street, Suite 7100 Houston, TX 77002

__________________________________ Matthew J. Becker

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