DCT

6:18-cv-01087

MCP IP, LLC v Bowtech, Inc

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 6:18-cv-01087, D. Or., 06/21/2018
  • Venue Allegations: Plaintiff alleges venue is proper in the District of Oregon because Defendant Bowtech has its principal place of business in the district and has committed alleged acts of infringement there.
  • Core Dispute: Plaintiff alleges that Defendant’s compound bows and bow accessories infringe twenty-four patents related to compound archery bow technology, including cams, pulley assemblies, and limb mounting systems.
  • Technical Context: The patents relate to the mechanics of modern compound bows, which use a system of cables and pulleys (cams) to store energy in the bow limbs, with a focus on improving balance, efficiency, and performance.
  • Key Procedural History: The complaint alleges Defendant has had notice of most of the patents-in-suit since at least November 2017. Notably, U.S. Patent No. 8,443,791, one of the lead patents, was subject to an Inter Partes Review (IPR2019-00379), which resulted in a disclaimer of claims 1, 12, and 13. As the complaint asserts infringement of claim 1 of this patent, the IPR outcome may significantly impact this portion of the case. Additionally, U.S. Patent No. 6,035,840 is noted as having expired.

Case Timeline

Date Event
1996-12-23 ’840 Patent Priority Date
2000-03-14 ’840 Patent Issued
2007-06-27 ’281, ’791, ’333, ’201 Patents Priority Date
2008-09-30 ’960 Patent Priority Date
2009-06-23 ’791 Patent Additional Priority Date
2011-05-24 ’281 Patent Issued
2011-08-02 ’842 Patent Issued
2011-11-01 ’189 Patent Issued
2012-01-10 Defendant allegedly had notice of ’840 Patent
2013-04-02 ’192 Patent Issued
2013-03-26 ’960 Patent Issued
2013-05-21 ’791 Patent Issued
2013-06-04 ’635 Patent Issued
2013-08-13 ’526 Patent Issued
2013-12-03 ’256 Patent Issued
2014-04-01 ’989 Patent Issued
2014-04-22 ’644 Patent Issued
2014-03-18 ’929 Patent Issued
2014-12-30 ’333 Patent Issued
2016-03-15 ’180 Patent Issued
2016-05-31 ’017 Patent Issued
2016-07-12 ’040 Patent Issued
2016-07-26 ’154 Patent Issued
2016-08-23 ’201 Patent Issued
2016-12-23 ’840 Patent Expired
2017-05-09 ’918 Patent Issued
2017-11-14 ’775 Patent Issued
2017-11-27 Defendant allegedly had notice of 19 patents-in-suit
2017-11-28 ’271 Patent Issued
2017-12-26 ’169 Patent Issued
2018-03-06 ’831 Patent Issued
2018-06-21 Complaint Filing Date
2021-05-25 Disclaimer of ’791 Patent claims 1, 12, 13 filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 7,946,281 - "Balanced pulley assembly for compound archery bows, and bows incorporating that assembly," Issued May 24, 2011

The Invention Explained

  • Problem Addressed: The patent's background describes the necessity for the two specialized pulleys (cams) on a compound bow to operate in synchrony, a state referred to as "timing" or "balance." (U.S. 7,946,281, col. 1:46-51). If the pulleys are out of balance, uneven forces can be applied to the bowstring, which compromises accuracy (U.S. 7,946,281, col. 1:49-51).
  • The Patented Solution: The invention introduces a "cable controller" affixed to at least one of the pulleys. This controller is a pivotable member that alters the rate at which the effective length of the bow cable decreases during the draw cycle. Specifically, it makes the rate of shortening greater during an initial portion of the draw and less during a second portion, which the patent asserts provides an "inherently balanced draw" (U.S. 7,946,281, Abstract; col. 2:4-28). Figure 2 illustrates the cable controller (36) as a curved element pivotally affixed to the pulley (18) (U.S. 7,946,281, Fig. 2).
  • Technical Importance: The invention purports to create a self-balancing pulley system, reducing the need for precise manual tuning and potentially improving the consistency and accuracy of the bow's performance (U.S. 7,946,281, col. 1:52-57).

Key Claims at a Glance

  • The complaint asserts independent claim 19.
  • Essential elements of claim 19 include:
    • A pulley assembly for a compound archery bow, comprising an axle journal defining a pivot axis.
    • A pulley body with a first (bow string) and second (bow cable) groove.
    • A cable controller comprising a first and a second rotatable collar, pivotally affixed to first and second sides of the pulley body, respectively.
    • The collars are configured to have a respective portion of a forked end of a second bow cable affixed thereto.
  • The complaint reserves the right to assert additional claims (Compl. ¶12).

U.S. Patent No. 8,443,791 - "Dual feed-out archery cam," Issued May 21, 2013

The Invention Explained

  • Problem Addressed: The patent background addresses the general goal in compound bow design of controlling the "force/draw profile"—the relationship between the force required to draw the bowstring and the distance it is drawn—to optimize energy storage and performance (U.S. 8443791, col. 1:30-34).
  • The Patented Solution: The invention is a "dual feed-out" archery cam. It features a primary string feed-out that lets out the bowstring, and a secondary string feed-out with a control system. This control system operates such that during an initial portion of the draw, it takes up a portion of the effective string length, and during a subsequent portion, it lets out a portion of the string length. This two-phase action is designed to build force faster early in the draw cycle, thereby storing more energy in the bow (U.S. 8,443,791, Abstract; col. 2:20-29).
  • Technical Importance: This design aims to increase the energy stored in the bow during the initial part of the draw, which can translate to higher arrow velocity and a flatter trajectory, without requiring a higher peak draw weight from the archer (U.S. 8,443,791, col. 2:5-7).

Key Claims at a Glance

  • The complaint asserts independent claim 1.
  • Essential elements of claim 1 include:
    • A cam assembly rotatably supported on a limb of an archery bow.
    • A primary string feed-out configured to feed out a length of string as the bow is drawn.
    • A secondary string feed-out configured such that when the bow is drawn, it takes up a portion of the string length during an initial portion of the draw and thereafter lets out a portion of the string length.
  • The complaint reserves the right to assert additional claims (Compl. ¶21).

U.S. Patent No. 8,919,333 - "Balanced pulley assembly for compound archery bows, and bows incorporating that assembly," Issued December 30, 2014

  • Technology Synopsis: This patent, related to the ’281 patent, describes a pulley assembly with a cable controller designed to achieve an inherently balanced draw in a compound bow. The controller modifies the rate of change of the bow cable's effective length during the draw cycle (U.S. 8,919,333, Abstract).
  • Asserted Claims: At least claim 1 is asserted (Compl. ¶29).
  • Accused Features: The complaint alleges that the Bowtech Eva Shockey bow and similarly configured bows infringe based on information in Exhibit CC (Compl. ¶30).

U.S. Patent No. 9,423,201 - "Balanced pulley assembly for compound archery bows, and bows incorporating that assembly," Issued August 23, 2016

  • Technology Synopsis: This patent, also in the same family as the ’281 patent, discloses a pulley assembly with a cable controller. The controller operates to modify the rate at which the bow cable shortens, with the rate being greater during an initial portion of the draw and less during a second portion, to achieve a balanced draw (U.S. 9,423,201, Abstract).
  • Asserted Claims: At least claim 1 is asserted (Compl. ¶38).
  • Accused Features: The complaint alleges that the Bowtech Eva Shockey bow and similarly configured bows infringe based on information in Exhibit DD (Compl. ¶39).

U.S. Patent No. 9,816,775 - "Balanced pulley assembly for compound archery bows, and bows incorporating that assembly," Issued November 14, 2017

  • Technology Synopsis: This patent is part of the family that includes the ’281, ’333, and ’201 patents. It describes a pulley assembly using a cable controller to achieve an inherently balanced draw by modifying the rate at which the effective length of the bow cable changes during the draw cycle (U.S. 9,816,775, Abstract).
  • Asserted Claims: At least claim 1 is asserted (Compl. ¶47).
  • Accused Features: The complaint alleges that the Bowtech Eva Shockey bow and similarly configured bows infringe based on information in Exhibit EE (Compl. ¶48).

U.S. Patent No. 6,035,840 - "Cam," Issued March 14, 2000

  • Technology Synopsis: This patent describes an archery cam body that includes a counteracting weight. As the bowstring is released, the rotation of the cam generates a "net counteracting centrifugal force" that acts against the forward force of the bow, intended to reduce kick-back and vibration (U.S. 6035840, Abstract; col. 2:38-49).
  • Asserted Claims: At least claim 15 is asserted (Compl. ¶56).
  • Accused Features: The complaint alleges that the Diamond Infinite Edge Pro bow and similarly configured bows infringe based on information in Exhibit FF (Compl. ¶57).

U.S. Patent No. 8,683,989 - "Archery bow cam," Issued April 1, 2014

  • Technology Synopsis: This patent describes an archery bow cam with a rotatable member comprising a cam track, a capstan, and a terminal. A power cable attaches to the terminal and wraps around the capstan in one direction while the cam rotates in the opposite direction when drawn, a configuration intended to modify the bow's performance characteristics (U.S. 8,683,989, Abstract).
  • Asserted Claims: At least claim 12 is asserted (Compl. ¶64).
  • Accused Features: The complaint alleges that the Bowtech Eva Shockey bow and similarly configured bows infringe based on information in Exhibit GG (Compl. ¶65).

U.S. Patent No. 9,354,017 - "Archery bow cam," Issued May 31, 2016

  • Technology Synopsis: This patent, related to the ’989 patent, discloses an archery bow cam including a cam track, capstan, and terminal for a power cable. The geometry of how the power cable wraps around the capstan relative to the cam's rotation is designed to control the bow's draw characteristics (U.S. 9,354,017, Abstract).
  • Asserted Claims: At least claim 12 is asserted (Compl. ¶73).
  • Accused Features: The complaint alleges that the Bowtech Eva Shockey bow and similarly configured bows infringe based on information in Exhibit HH (Compl. ¶74).

U.S. Patent No. 8,453,635 - "Bow limb retaining system," Issued June 4, 2013

  • Technology Synopsis: This invention relates to a system for retaining a bow limb in a retainer or "limb pocket." The system uses interlocking surfaces on the retainer and the limb to prevent longitudinal movement, aiming to create a secure connection that can be assembled and disassembled without specialized tools (U.S. 8,453,635, Abstract).
  • Asserted Claims: At least claims 1 and 12 are asserted (Compl. ¶82).
  • Accused Features: The complaint alleges that the Bowtech Eva Shockey bow and similarly configured bows infringe based on information in Exhibit II (Compl. ¶83).

U.S. Patent No. 8,701,644 - "Bow limb retaining system," Issued April 22, 2014

  • Technology Synopsis: This patent, related to the ’635 patent, describes a system for retaining a bow limb that includes a retainer with a cavity and opposed lateral surfaces. The system is designed to securely hold the limb while allowing for easy assembly and disassembly (U.S. 8,701,644, Abstract).
  • Asserted Claims: At least claims 10 and 11 are asserted (Compl. ¶91).
  • Accused Features: The complaint alleges that the Bowtech Eva Shockey bow and similarly configured bows infringe based on information in Exhibit JJ (Compl. ¶92).

U.S. Patent No. 9,285,180 - "Bow limb retaining system," Issued March 15, 2016

  • Technology Synopsis: This patent, also related to the ’635 patent family, concerns a bow limb retaining assembly. It features a retainer with a cavity and various abutting and interlocking surfaces designed to engage with corresponding surfaces on the bow limb to create a secure yet serviceable connection (U.S. 9,285,180, Abstract).
  • Asserted Claims: At least claim 12 is asserted (Compl. ¶100).
  • Accused Features: The complaint alleges that the Bowtech Eva Shockey bow, a Diamond Infinite Edge Pro bow, and similarly configured bows infringe based on information in Exhibit KK (Compl. ¶101).

U.S. Patent No. 9,644,918 - "Bow limb retaining system," Issued May 9, 2017

  • Technology Synopsis: This patent is another member of the family relating to bow limb retaining systems. It describes a retainer with a cavity and specially configured surfaces to engage and secure a bow limb to the riser of an archery bow (U.S. 9,644,918, Abstract).
  • Asserted Claims: At least claim 1 is asserted (Compl. ¶109).
  • Accused Features: The complaint alleges that the Bowtech Eva Shockey bow and similarly configured bows infringe based on information in Exhibit LL (Compl. ¶110).

U.S. Patent No. 8,047,189 - "Limb mounting system," Issued November 1, 2011

  • Technology Synopsis: The patent describes a system for mounting a bow limb to a riser that is designed to reduce stress on the limb. It allows the butt end of the limb to flex or swivel during the draw cycle, which accommodates the natural flexing of the limb and reduces stress at the mounting point (U.S. 8,047,189, Abstract).
  • Asserted Claims: At least claim 17 is asserted (Compl. ¶118).
  • Accused Features: The complaint alleges that the Bowtech Boss bow and similarly configured bows infringe based on information in Exhibit MM (Compl. ¶119).

U.S. Patent No. 8,408,192 - "Limb mounting system," Issued April 2, 2013

  • Technology Synopsis: Related to the ’189 patent, this invention also concerns a limb mounting system intended to reduce stress in the bow limb. The system allows for flexing or swiveling at the connection point between the limb and the riser as the bow is drawn (U.S. 8,408,192, Abstract).
  • Asserted Claims: At least claims 1, 2, 4, 16, and 21 are asserted (Compl. ¶127).
  • Accused Features: The complaint alleges that the Bowtech Eva Shockey bow and similarly configured bows infringe based on information in Exhibit NN (Compl. ¶128).

U.S. Patent No. 8,505,526 - "Archery bow," Issued August 13, 2013

  • Technology Synopsis: This patent describes an archery bow where the plane defined by the axles of the rotating members moves relative to a predetermined location on the riser as the bow is drawn. The distance between the riser location and the axle plane is greater in the brace condition than in the drawn condition, a geometric configuration that affects the bow's performance (U.S. 8,505,526, Abstract).
  • Asserted Claims: At least claims 14, 15, and 18 are asserted (Compl. ¶136).
  • Accused Features: The complaint alleges that the Bowtech Boss bow and similarly configured bows infringe based on information in Exhibit OO (Compl. ¶137).

U.S. Patent No. 9,389,040 - "Archery bow," Issued July 12, 2016

  • Technology Synopsis: This patent, related to the ’526 patent, discloses an archery bow where the geometry between the riser and the axle plane of the cams changes during the draw cycle. The distance between a point on the riser and the plane of the axles is greater when the bow is at rest (brace condition) than when fully drawn (U.S. 9,389,040, Abstract).
  • Asserted Claims: At least claims 1 and 9 are asserted (Compl. ¶145).
  • Accused Features: The complaint alleges that the Bowtech Boss bow and similarly configured bows infringe based on information in Exhibit PP (Compl. ¶146).

U.S. Patent No. 7,987,842 - "Apparatus and method for releasably mounting an accessory to an object such as for releasably mounting an arrow quiver to an archery bow," Issued August 2, 2011

  • Technology Synopsis: This invention is for a releasable mount for an archery accessory, such as a quiver. It comprises two mounting posts that engage notches in a resilient, C-shaped bracket, providing a secure but easily detachable connection (U.S. 7,987,842, Abstract).
  • Asserted Claims: At least claim 14 is asserted (Compl. ¶154).
  • Accused Features: The complaint alleges that the Bowtech Carbon Icon bow and similarly configured bows infringe based on information in Exhibit QQ (Compl. ¶155).

U.S. Patent No. 8,596,256 - "Apparatus and method for releasably mounting an accessory to an object such as for releasably mounting an arrow quiver to an archery bow," Issued December 3, 2013

  • Technology Synopsis: Related to the ’842 patent, this invention describes a mounting system for accessories like quivers. It uses mounting posts that engage with a resilient C-shaped bracket to allow for quick and secure attachment and detachment from an archery bow (U.S. 8,596,256, Abstract).
  • Asserted Claims: At least claim 1 is asserted (Compl. ¶163).
  • Accused Features: The complaint alleges that the DeadLock Lite Octane Quiver and similarly configured quivers infringe based on information in Exhibit RR (Compl. ¶164).

U.S. Patent No. 9,400,154 - "Apparatus and method for releasably mounting an accessory to an object such as for releasably mounting an arrow quiver to an archery bow," Issued July 26, 2016

  • Technology Synopsis: This patent is another in the family related to the ’842 patent, describing a releasable mount for an arrow quiver. The system relies on the engagement of mounting posts with a resilient C-shaped bracket to provide a secure connection to a bow (U.S. 9,400,154, Abstract).
  • Asserted Claims: At least claim 1 is asserted (Compl. ¶172).
  • Accused Features: The complaint alleges that the DeadLock Lite Octane Quiver and similarly configured quivers infringe based on information in Exhibit SS (Compl. ¶173).

U.S. Patent No. 8,402,960 - "Archery bow," Issued March 26, 2013

  • Technology Synopsis: This patent describes an archery bow with a cable guard attached to the riser. The cable guard biases a bow cable away from the riser, and the lateral force it applies to the cable is greater when the bow is in a brace condition than in a drawn condition, which can reduce noise and vibration (U.S. 8,402,960, Abstract).
  • Asserted Claims: At least claims 1, 6, 7, 9, and 20 are asserted (Compl. ¶181).
  • Accused Features: The complaint alleges that the Bowtech Eva Shockey bow and similarly configured bows infringe based on information in Exhibit TT (Compl. ¶182).

U.S. Patent No. 8,671,929 - "Archery bow," Issued March 18, 2014

  • Technology Synopsis: Related to the ’960 patent, this invention also concerns an archery bow with a cable guard. The cable guard biases a power cable away from the riser, and the biasing force has a component that is parallel to the drawstring plane and directed away from the riser, a configuration aimed at improving performance (U.S. 8,671,929, Abstract).
  • Asserted Claims: At least claims 1, 4, 6, and 8 are asserted (Compl. ¶190).
  • Accused Features: The complaint alleges that the Bowtech Eva Shockey bow and similarly configured bows infringe based on information in Exhibit UU (Compl. ¶191).

U.S. Patent No. 9,909,831 - "Archery bow cam," Issued March 6, 2018

  • Technology Synopsis: This patent describes an archery bow cam comprising a cam track, a capstan, and a terminal. The geometry of how a power cable wraps around the capstan relative to the cam's rotation when drawn is specified to control the bow's performance characteristics and draw profile (U.S. 9,909,831, Abstract).
  • Asserted Claims: At least claim 1 is asserted (Compl. ¶199).
  • Accused Features: The complaint alleges that the Bowtech Eva Shockey bow and similarly configured bows infringe based on information in Exhibit VV (Compl. ¶200).

U.S. Patent No. 9,851,169 - "Archery bow," Issued December 26, 2017

  • Technology Synopsis: This patent describes an archery bow where the distance between a predetermined location on the riser and the plane defined by the cam axles is greater in the brace (at rest) condition than in the drawn condition. This geometric change during the draw cycle is intended to improve energy storage and performance (U.S. 9,851,169, Abstract).
  • Asserted Claims: At least claim 1 is asserted (Compl. ¶208).
  • Accused Features: The complaint alleges that the Bowtech Boss bow and similarly configured bows infringe based on information in Exhibit WW (Compl. ¶209).

U.S. Patent No. 9,829,271 - "Apparatus and method for releasably mounting an accessory to an object such as for releasably mounting an arrow quiver to an archery bow," Issued November 28, 2017

  • Technology Synopsis: This patent describes an attachment system for an archery accessory, such as a quiver. The system features a mounting bracket with a notch and a lead-in lip designed to engage a mounting post on the accessory body, allowing for secure yet releasable attachment (U.S. 9,829,271, Abstract).
  • Asserted Claims: At least claim 12 is asserted (Compl. ¶217).
  • Accused Features: The complaint alleges that the DeadLock Lite Octane Quiver and similarly configured quivers infringe based on information in Exhibit XX (Compl. ¶218).

III. The Accused Instrumentality

Product Identification

  • The accused instrumentalities are compound bows sold under the Bowtech and/or Diamond brands, and bow accessories, such as quivers, sold under the Octane brand (Compl. ¶¶ 11, 20, 163). Specific bow models named include the "Bowtech Eva Shockey," "Diamond Infinite Edge Pro," "Bowtech Boss," and "Bowtech Carbon Icon" (Compl. ¶¶ 12, 57, 119, 155).

Functionality and Market Context

  • The accused products are modern compound archery bows and related accessories used for hunting, target, and competition archery (Compl. ¶11). The complaint alleges these products incorporate various patented technologies related to the core mechanical components of the bow, including the pulley/cam systems that control the draw cycle and energy storage, the systems for mounting limbs to the bow's riser, and the systems for attaching accessories like quivers (Compl. ¶¶ 12, 57, 83, 119, 155, 164, 182). No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

The complaint alleges infringement of 24 separate patents. The infringement allegations for each patent are stated to be depicted and described in corresponding exhibits (Exhibits AA through XX) (Compl. ¶¶ 12, 21, et seq.). As these exhibits are not provided with the complaint, a detailed claim-chart analysis is not possible. The narrative infringement theories for the two lead patents are summarized below.

  • '281 Patent Infringement Allegations
    The complaint alleges that the Bowtech Eva Shockey bow and "all other similarly configured bows" meet every limitation of at least claim 19 of the ’281 patent (Compl. ¶¶ 11-12). The theory of infringement, which the complaint states is detailed in Exhibit AA, is that the pulley assemblies on the accused bows incorporate a "cable controller" with rotatable collars that functions in the manner claimed by the patent to create a balanced draw (Compl. ¶¶ 11-12; U.S. 7,946,281, Claim 19).

  • '791 Patent Infringement Allegations
    The complaint alleges that the Bowtech Eva Shockey bow and "all other similarly configured bows" meet every limitation of at least claim 1 of the ’791 patent (Compl. ¶¶ 20-21). The infringement theory, stated to be detailed in Exhibit BB, is that the cams on the accused bows function as a "dual feed-out archery cam." This suggests an allegation that the accused cams have a mechanism that first takes up and then lets out a portion of the bowstring's effective length during the draw cycle, corresponding to the functionality required by claim 1 (Compl. ¶¶ 20-21; U.S. 8,443,791, Claim 1).

  • Identified Points of Contention:

    • Scope Questions: A central question for the ’281 patent and its relatives will be the scope of the term "cable controller." The dispute may center on whether the specific mechanism in the accused bows—whatever its configuration—functions as the claimed "pivotable member" or "rotatable collar" to modify the rate of cable take-up in the patented manner.
    • Technical Questions: For the ’791 patent, a key question is one of technical operation: does the mechanism on the accused cams perform the specific two-phase function of first taking up (shortening) and then letting out (lengthening) the effective string length as required by claim 1? The analysis may turn on evidence of the precise path and effective length of the bow cables throughout the entire draw cycle of the accused products.

V. Key Claim Terms for Construction

  • Term: "cable controller" (from ’281 Patent, claim 19)

    • Context and Importance: This term is the central inventive concept of the ’281 patent family. Its definition will be critical to determining infringement, as the dispute will likely focus on whether the accused pulley mechanism constitutes a "cable controller" as defined by the patent.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The specification describes the controller functionally as being "operative so as to cause the first end of the cable attached thereto to move relative to its respective pivot axis" to modify the rate of change in the cable's effective length (U.S. 7,946,281, col. 2:20-28). This functional language may support a construction that is not limited to the specific depicted shape.
      • Evidence for a Narrower Interpretation: Claim 19 specifically recites the controller comprises "a first rotatable collar" and "a second rotatable collar" pivotally affixed to the pulley body (U.S. 7,946,281, col. 8:5-13). Embodiments show it as a distinct, curved, pivotable element (U.S. 7,946,281, Fig. 2, element 36). This may support a narrower construction limited to a physically separate, rotating component.

  • Term: "secondary string feed-out... takes up a portion of the length of said string and thereafter lets out a portion of the length of said string" (from ’791 Patent, claim 1)

    • Context and Importance: This phrase describes the core, two-phase function of the invention. Infringement hinges on whether the accused cams perform both the initial "take up" and subsequent "let out" actions on the effective string length.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The patent abstract describes the overall effect as modifying the "force draw profile" to increase stored energy. Parties may argue that any cam mechanism achieving this same functional result through a similar sequence of shortening and lengthening the effective string length should be covered.
      • Evidence for a Narrower Interpretation: The claim language requires a distinct sequence of events: first taking up, and "thereafter" letting out (U.S. 8,443,791, col. 7:13-15). The detailed description explains this is achieved via a controller with spools that causes the effective length of a control cable to first decrease and then increase (U.S. 8,443,791, col. 3:5-14). A defendant may argue this requires a specific mechanical pathway and timing that its products do not replicate.

VI. Other Allegations

  • Willful Infringement: The complaint alleges willful infringement for all asserted patents. For nineteen of the patents, this is based on alleged actual notice provided to Bowtech "since at least November 27, 2017" (e.g., Compl. ¶¶ 10, 19, 28). For one patent, notice is alleged since January 10, 2012 (Compl. ¶55). For the remaining four most recently issued patents, willfulness is based on notice provided by the filing of the complaint itself (Compl. ¶¶ 198, 207, 216).

VII. Analyst’s Conclusion: Key Questions for the Case

  • A primary issue will be one of procedural impact: given that claim 1 of the ’791 patent—one of two lead patents in this 24-patent case—has been disclaimed following an Inter Partes Review, what effect will this have on the viability and scope of the infringement count for that patent?
  • A central technical question will be one of functional equivalence: do the cam and pulley mechanisms in the accused Bowtech and Diamond bows perform the specific, multi-phase functions required by the asserted claims, such as the "take up and thereafter let out" sequence of the ’791 patent or the rate modification of the "cable controller" in the ’281 patent family?
  • A key question of definitional scope will be how broadly terms like "cable controller" and "secondary string feed-out" are construed. The case may turn on whether these terms are limited to the specific mechanical structures shown in the patents or if they can be read more functionally to encompass different structures that achieve a similar result in the accused products.