65.00 $ Original Allen's Patent Browning Compound Hunting Clontarf
- Location: Clontarf, Minnesota, United States
Original Allen's Patent Browning Compound Hunting
The Allen Patent relates to an archery bow known in the archery industry and to archers as a compound bow. The bow comprises a handle section and a pair of limbs secured to the handle section, a pair of eccentric pulley members being respectively mounted on the ends of the limbs. A bowstring is trained around the pulley members to present a central stretch and a pair of end stretches (three line lacing). The central stretch includes a nocking point for receiving the slotted tail or nock of an arrow. The pulley members may be either oval shaped or round, but in either case they are mounted off center....
In operating the bow ..., the archer pulls the central stretch away from the handle at the nocking point. This causes the pulley members to rotate, and as the archer continues to draw the bowstring, the force required to draw the bowstring increases and reaches a maximum or peak value at an intermediate position of the nocking point between the rest position and the drawn position. As the archer then continues to pull the bowstring to the drawn position, the force decreases and the holding force at the drawn position is much less than the maximum force at the intermediate position.
Findings 11 and 12, Findings of Fact and Conclusions of Law, dated November 12, 1985.
The court found that, relative to prior art bows, the Allen bow casts or throws an arrow at much greater speed with increased striking power for hunting and further reduces the holding force at full draw, improves the sighting and steadies the archers aim. Finding 25. The court characterized the Allen bow as a pioneer invention which performs a function not performed by any earlier invention. It is a significant step in the progress of the art of bows as distinguished from a mere improvement. Finding 57.
The Allen patent issued in December 1969. It contained 14 claims.
B. Allen Archery filed complaints against the appellants/cross-appellees Browning, Browning Manufacturing, Bingham Projects, Elmont L. Bingham, and Joyce M. Bingham (referred to individually and collectively as Browning), in November 1977. Allen Archery filed two suits that charge patent infringement and, in the suit against Browning Manufacturing Company, breach of a patent licensing agreement. Browning countered with a suit seeking a declaratory judgment that the Allen patent was invalid and unenforceable and that Browning had not infringed it. The district court consolidated the three cases.
Prior to filing those complaints in the Utah District Court, Allen Archery in February 1976 had filed a suit in the United States District Court for the Central District of California charging Jennings Compound Bow, et alia, with infringing the Allen patent. With the agreement of the parties, the district court in the present case stayed proceedings until the Jennings case was decided.
In June 1974, prior to the initiation of the above suits, Allen Archery filed with the United States Patent and Trademark Office a voluntary disclaimer of claims 1, 2, and 11 of the Allen patent. After trial, the district court in the Jennings case held that claims 3 through 6, and 12 and 13 of the Allen patent were invalid as anticipated by, and obvious in view of, certain other patents. The court further held, however, that claims 7, 8, 10, and 14 of the Allen patent were valid and infringed. Allen Archery, Inc. v. Jennings Compound Bow, Inc., 211 U.S.P.Q. 206, 215 (C.D.Cal.1981). The Court of Appeals for the Ninth Circuit affirmed. 686 F.2d 780, 216 U.S.P.Q. 585 (9th Cir.1982). Claim 9 apparently was not involved in Jennings, and it is not at issue here.
In June 1983, Allen Archery disclaimed the six claims that the California court had held invalid in Jennings.
C. The present case then proceeded to trial before the Utah district court. The court bifurcated the case. It first tried the issue whether the Allen patent was unenforceable because the patentee and his lawyer had engaged in inequitable conduct before the Patent and Trademark Office by failing during the prosecution of the patent application to disclose certain prior art references. The court held that the patentee and his counsel had not engaged in inequitable conduct and dismissed Brownings defense upon that contention. 226 U.S.P.Q. 315.
The court then tried the remaining issues in the case. In an opinion accompanied by detailed findings of fact and brief conclusions of law, the court held that: (1) claims 7, 8, 10, and 14 of the Allen patent were valid and enforceable; (2) Browning had infringed those claims; (3) the case was not exceptional and Brownings infringement was not willful, so Allen Archery was not
[819 F.2d 1091]
entitled to increased damages or attorney fees; (4) Allen Archery had not misused the patent nor violated the antitrust laws as Browning alleged; and (5) Allen Archery and Browning Manufacturing Company had entered into an enforceable patent licensing agreement for nine months in 1977, Browning Manufacturing had breached that agreement, and Allen Archery was entitled to recover the royalties specified in that agreement.
Comes with original case and quiver!
Phone number ✆ +1 612-741-1119
Clontarf, Minnesota
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