In the continuing news of the Mossberg lawsuit there were several developments today which could have serious affects on Mossbergs suit. First of all the pending cases have all been reassigned to one judge. Some have the opinion that there is strength in numbers meaning this move could benefit the defendants in the case.
Date Filed # Docket Text
06/09/2016 10 ORDER OF TRANSFER. Case reassigned to Judge Victor A. Bolden for all further proceedings
SO ORDERED by Chief Judge Janet C. Hall on 6/9/16.(Walker, J.) (Entered: 06/09/2016)
The above is a brief copy of the order placing all thirteen cases under Judge Victor A Bolden.
Also, and more importantly, the Patent Office, in the merged reexamination proceedings, has issued a non-final Office Action rejecting all the claims of the ‘385 patent.
The Patent Office found the ‘385 patent to be “obvious” relative to a number of “prior art” references, including: Jewell’s U.S. Patent No. 4,671,005; Bielfeldt’s U.S. Patent No. 3,707,796; Biller’s U.S. Patent No. 5,904,132; Walker’s U.S. Patent No. 2,514,981; AR-15 Schematics; Benelli Montefeltro Super 90 (American Rifleman Publication); Benelli Montefeltro 20 – Montefeltro 12 (Benelli Owner’s Manual – Jan 2002); and Tollinger’s U.S. Patent No. 4,103,586. (See enclosed at pp. 3-28.)
So bottom line is the ‘385 patent is in a whole lot of flux: if Mossberg amends the ‘385 patent claims, and any of them survive the reexamination, any accused infringers will have “intervening rights,” under 35 USC § 252, which could mitigate damages/liability.
Anyway, this new development further supports the stay in the Mossberg v Timney case, as well as staying the new 13 cases.I do have the patent office document which I decided not to post here since it totals 34 pages. If requested I’ll be glad to email it to you.