McNulty v. Taser (Fed. Cir. July 7, 2004) (NONPRECEDENTIAL)
Plaintiff McNulty is the exclusive licensee of a patent entitled “Stun Gun with Low Battery Indicator and Shutoff Timer.” (U.S. Patent 5,193,048). The district court granted summary judgment of non-infringement to Taser and the other co-defendants (Cities of Los Angeles, Ontario, and Buena Park California).
On appeal, the Federal Circuit affirmed,
Accepting all of McNulty’s evidence as true and drawing all inferences in his favor, we agree with the district court that there is no genuine issue of material fact and that Taser’s U3400 and M-series products do not infringe the “trigger means” limitation…. Accordingly, the decision of the district court is affirmed.
Update from TASER’s Press Release:
“We were confident that the District Court’s ruling would be upheld,” said Doug Klint, Vice President and General Counsel for TASER International, Inc. “Our intellectual property portfolio is very strong, and there was never any evidence that TASER International infringed on Mr. McNulty’s patent. We feel vindicated that both the District Court and the Court of Appeals have ruled in our favor,” concluded Mr. Klint.