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Working on behalf of DSI Ground Support Inc. (formerly Dywidag Systems International USA, Inc.), Marshall, Gerstein & Borun secured a favorable result from the U.S. Court of Appeals for the Federal Circuit in a patent infringement dispute involving DSI’s cable bolt device, which is used to reinforce and support the rock formation above a mine roof. 

Gillespie, the owner of two patents directed to a particular type of mine roof bolt, sued DSI for infringement.  The Gillespie patents are licensed to Excel Mining Systems, Inc., a competitor of DSI.  DSI requested an expedited claim construction hearing, on the basis that under a correct construction of the patent claims, there could be no infringement by DSI. 

After conducting the hearing, the District Court issued a claim construction order that interpreted Gillespie’s claims in an overly-broad manner, such that there would be infringement by DSI.  To obtain an expedited resolution, DSI stipulated to infringement under the District Court’s construction and appealed to the U.S. Court of Appeals for the Federal Circuit. 

The Federal Circuit agreed with DSI’s claim construction position and concluded that, under the correct construction, there was no infringement by DSI.  Consequently, the Federal Circuit reversed the District Court’s decision and awarded judgment of no infringement in favor of DSI. 

Thomas I. Ross, Michael R. Weiner and Cullen Pendleton represented DSI.

Gillespie v. Dywidag Systems International USA, Inc., Case No. 2006-1382 (Fed. Cir. 2007); 84 U.S.P.Q. 2d 1051