Intellectual Property News and Reports

Evolusion Concepts, Inc. owns U.S. Patent No. 8,756,845, titled “Method and Device for Converting Firearm with Detachable Magazine to a Firearm with Fixed Magazine.” In the main case before us, Evolusion sued Juggernaut Tactical, Inc. in the Central District of California, alleging infringement of claims 1–3 and 8–10 of the ’845 patent. On the parties’ cross-motions for summary judgment regarding infringement, the district court granted Juggernaut summary judgment of non-infringement. Evolusion Concepts, Inc. v. Juggernaut Tactical, Inc., No. 8:18-cv-01378, 2021 U.S. Dist. LEXIS 77792, at *27 (C.D. Cal. Apr. 5, 2020) (Juggernaut Decision). The court’s key ruling was that the term “magazine catch bar” in the asserted claims of the ’845 patent excludes a factory-installed magazine catch bar. Id. at *13–22. That claim construction concededly precludes literal infringement, the court held, because Juggernaut’s products use the factory installed magazine catch bar. Id. at *22–23. The court also determined that Juggernaut does not infringe under the doctrine of equivalents. Id. at *23–26.

On Evolusion’s appeal, we hold that the term “magazine catch bar” in the asserted claims includes a factoryinstalled magazine catch bar. We therefore reverse the grant of summary judgment of non-infringement, reverse the denial of summary judgment of direct infringement as to the independent claims 1 and 8, and remand for further proceedings in Appeal No. 21-1987, which is the appeal in the Juggernaut case. We also vacate and remand in Appeal No. 21-1963, which involves a separate, related case, discussed near the end of this opinion.

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