Free Trial Brief - District Court of Connecticut - Connecticut

Case 3:02-cv-01723-AVC

Document 71

Filed 02/17/2004

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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. 3:02CV1723 (AVC) Consolidated with Civil Action No. 3:02CV1747 (AVC)

February 17, 2004

PLAINTIFFS' CLAIM CONSTRUCTION PROPOSAL ­ `387 PATENT Pursuant to the December 4, 2003 Scheduling Order, Plaintiffs Easco Hand Tools, Inc., Armstrong Tools, Inc., Kingsley Tools, Inc., Lea Way Hand Tool Corporation, and Matco Tools Corporation ("Easco") propose the following constructions of the asserted claims1 of the `387 patent. Easco reserves the right to modify these constructions in accordance with agreements of the parties and orders of the Court. `387 Patent Claim 17 1. "ratcheting tool:" a tool having a mechanism that consists of a bar or wheel having inclined teeth with which a pawl interacts so that motion can be imparted to the wheel or bar.

Easco has not proposed claim constructions for those claims not asserted by Hu and, therefore, not at issue for Hu's limited infringement assertions regarding this patent.

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2. 3.

"rotatably:" in such a manner as to be able to turn on an axis or center. "drive member:" a shaft or shaft-like structure extended beyond the compartment. "including:" to take in or comprise as part of a larger whole. "gear wheel:" circular structure with a toothed periphery. "outer periphery:" external surface. "plurality:" more than one. "first teeth:" teeth on gear wheel. "pawl:" 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. "center of curvature:" the center of the circle whose center lies on the concave side of a curve. "engaged:" in full contact with. "disengaged:" not in full contact with.

4. 5. 6. 7. 8. 9.

10.

11. 12. Claim 18 13.

"including a drive column:" to take in or comprise a drive column as part of a larger whole.

Claim 19 14. "being coincident with a center of the gear wheel:" occupying the same space as the center of the gear wheel.

Claim 21 15. "being arranged in a continuous manner:" no breaks or spaces between the teeth of the pawl.

Claim 22 16. "mounted:" attached to.

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17. 18. 19. 20. 21. 22.

"compartment:" enclosed area. "section:" a portion. "wall:" a material layer enclosing space. "moveable:" capable of moving or being moved. "radial direction:" along a radius. radial direction "relative to the drive member:" movement along a radius of the drive member. "bearing:" touching sufficient to create a reactive force.

23. Claim 23 24.

"reversing plate:" thin, flat piece of metal which causes the pawl to move resulting in a change in the direction of the ratcheting action. "pivotable about an axis:" able to rotate about a point. "pivotable movement of the reversing plate being transmitted to the pawl:" to convey a movement to the pawl.

25. 26.

Respectfully submitted, EASCO HAND TOOLS, INC., ARMSTRONG TOOLS INC., KINGSLEY TOOLS INC., LEA WAY HAND TOOL CORPORATION, AND MATCO TOOLS CORPORATION

By: ___________________________________ Francis H. Morrison (ct 04200) [email protected] Matthew J. Becker (ct 10050) [email protected] Natasha M. Lipcan [email protected] CityPlace I Hartford, CT 06103-3499 Telephone: (860) 275-0100 Fax: (860) 275-0343 Attorneys for Plaintiffs -3-

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CERTIFICATE OF SERVICE

THIS IS TO CERTIFY that a copy of the foregoing Plaintiffs' Claim Construction Proposal was sent this 17th day of February, 2004, by mail, postage prepaid, and facsimile transmission 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

__________________________________ Francis H. Morrison

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