A United States court of appeal has issued a 14-page decision that affirms a previous court’s ruling that a container scrap loading system manufactured by Jewell Manufacturing and designed and marketed by X Body Equipment (also known as Acculoader), Rocklin, California, is not in violation of an existing patent.
The plaintiff in the original case, Advanced Steel Recovery, Rancho Cucamonga, California, has claimed the Jewell and X Body product is in violation of its patent No. 8,061,950 (the ’950 patent) for a container packing system.
In mid-November, however, a federal circuit court of appeals affirmed an earlier ruling from the United States District Court for the Eastern District of California that “X Body does not infringe the asserted claims of the ’950 patent literally or under the doctrine of equivalents.”
“Relevant to this appeal, the asserted claims of the ’950 patent require that the first piston-and-cylinder unit (the ‘container packer piston-and-cylinder unit’) be connected to the ‘transfer base proximate end’ and the container packer proximate end,’” writes the circuit court.
However, “In the accused Acculoader device, which Jewell manufactures and X Body sells, the container packer piston-and-cylinder unit is connected to the floor of the container packer approximately 35 percent down its length,” adds Judge Kara Farnandez Stoll, the circuit court ruling’s author.
Sponsored Content
SENNEBOGEN 340G telehandler improves the view in Macon County, NC
An elevated cab is one of several features improving operational efficiency at the Macon County Solid Waste Management agency in North Carolina. When it comes to waste management, efficiency, safety and reliability are priorities driving decisions from day one, according to staff members of the Macon County Solid Waste Management Department in western North Carolina. The agency operates a recycling plant in a facility originally designed to bale incoming materials. More recently, the building has undergone significant transformations centered around one machine: a SENNEBOGEN telehandler (telescopic handler).
"We are happy to see this matter put behind us, both for ourselves and our customers," says Greg Bushong, owner and president of X Body Equipment and Acculoader.
Get curated news on YOUR industry.
Enter your email to receive our newsletters.
Latest from Recycling Today
- Pennsylvania shipbuilder to invest in US Navy facility
- ReMA meets with Thai government over container inspections
- Ship dismantlers navigate new regulatory regimen
- Gershow announces several community involvement projects
- McKinsey identifies engineering polymers as a recycling opportunity
- Metso acquisition focuses on mill liner recycling
- Malaysian customs office seizes scrap containers
- Lindner establishes Brazil subsidiary