Morbark, LLC, and its wholly-owned subsidiary, DENIS CIMAF, Inc., are pleased to announce that the United States District Court, Southern District of Ohio, in the matter of DENIS CIMAF, Inc. v. Fecon, Inc. (1:17-cv-00820-TSB), has issued an Order on Claim Construction in DENIS CIMAF, Inc.’s favor. DENIS CIMAF Inc., prior to its 2018 acquisition by Morbark, LLC, filed this litigation in December 2017, alleging that Fecon, Inc.’s brush cutting heads and protective guards infringe DENIS CIMAF, Inc.’s U.S. Patent No. 6,764,035.
The parties disputed the meaning of four claim terms, and, after submitting briefs in support of their proposed claim constructions, the Court held a Claim Construction Hearing on March 19, 2019. The Order issued yesterday adopts DENIS CIMAF, Inc.’s positions on all four of the disputed claim terms, finding that no construction is needed for three of the terms and adopting DENIS CIMAF, Inc.’s proposed construction for the fourth term as consistent with the plain and ordinary meaning of the claim language.
“DENIS CIMAF, Inc.’s founder, Laurent Denis, was a pioneer in the unique design of the cutting head technology outlined in the patent and used to protect and extend the life of the cutting tool,” noted David A. Herr, CEO of Morbark, LLC. “It was this entrepreneurial spirit, innovation, and pride in its industry-leading products that attracted us to DENIS CIMAF, and we will continue this action against Fecon, Inc., as well as aggressively pursue all other offending parties to protect our intellectual property.”