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Avenue Innovators Inc. v. E. Mishan & Sons Inc.

Patent's Claims, Which Contain Disputed Claim Term, Are Invalid for Indefiniteness

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OPINION AND ORDER Plaintiff and patent holder Avenue Innovations, Inc. brought this action against Defendant E. Mishan & Sons Inc. alleging infringement of U.S. Patent No. 6,340,189 (the “’189 patent”). Since 2003, Plaintiff has sold the Handybar as a device to be used for assistance getting into or out of a vehicle; in 2015 Defendant brought to market a device called the Car Cane that is also used to assist with entering and exiting a vehicle. Before the Court is the parties’ dispute over the proper construction of the claim phrase “operative position most convenient to the user.” The Court held a Markman hearing on June 22, 2017, to hear the parties’ arguments. Plaintiff contends this claim term needs no construction and should be given its ordinary meaning; Defendant argues that it fails as indefinite. For the reasons that follow, the Court agrees with Defendant and finds that Claims 1 and 2 of the ’189 patent are invalid.BACKGROUND¹A. Factual BackgroundOn January 22, 2002, the ’189 patent, titled “Universal Device for Facilitating Movement into and out of a Seat,” was issued to Dr. William Pordy, and the patent was assigned to Plaintiff on January 8, 2003. (Compl.

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