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Kologik Capital v. In Force: Court Rulings & Patent Insights
Joe Whitcomb
:
October 06, 2024

Kologik Capital, LLC filed a patent infringement lawsuit against In Force Technology, LLC, Brandon-Copysync LLC, and Brandon D. Flanagan. The case also involved claims of trademark infringement, unfair trade practices, and false advertising. Both parties filed cross-motions for partial summary judgment, and Kologik Capital sought discovery sanctions.
Patent Claim Construction and Infringement
The case centered on the interpretation of patent claim language, particularly the term "comprising," which allows for additional elements beyond those listed, provided the claim includes all specified elements. The preamble of a patent claim could be limiting if it recited essential structure necessary to define the claim.
The court emphasized that claim terms should be given their ordinary meaning and distinguished between method and apparatus claims for infringement purposes. Summary judgment for non-infringement was deemed appropriate when no reasonable jury could find infringement based on undisputed facts.
The case required claim construction to resolve disputes over claim scope, notably the term "identifying" in a patent for coordinating emergency responders. The court used the patent's specification and prosecution history to determine claim term meanings and acknowledged the possibility of revisiting claim interpretations as technology evolved.
Extrinsic evidence, such as expert testimony, was discussed, with summary judgment deemed appropriate when the alleged infringer failed to provide expert evidence for invalidity claims. The court reaffirmed the high burden of proof required to overcome a patent’s presumption of validity.
The court noted that default judgment was a severe sanction reserved for extreme cases, considering factors like the seriousness of the violation and potential harm to the opposing party. Sanctions were deemed unwarranted in instances where defendants followed court directives or made sincere efforts to retrieve third-party communications.
Details of the '965 Patent
The '965 patent, issued in 2017, described a method for improving emergency responder coordination. Kologik Capital sought summary judgment based on defendants’ failure to present an expert on the patent’s validity. The central issue was whether InForce911 software infringed upon the '965 patent, particularly Claim 1(c), which involved identifying mobile units within a geographic area.
The court reviewed uncontested facts, including patent language and embodiments described in Figures 3 and 4, which used a database updated every fifteen seconds. Figure 3 outlined a process for responding to information reports and identifying nearby patrol units, while Figure 4 addressed emergency requests by identifying all units within a specified area.
Defendants argued that InForce911 did not infringe the '965 patent as it lacked GPS tracking. Brandon Flanagan testified that InForce911's design ensured alerts reached all officers without GPS. Dr. Amodeo’s review confirmed the absence of geolocation in InForce911.
Both parties agreed that InForce911 searched a database for registered units. The court assessed whether InForce911 used each step of the patented method, finding summary judgment for non-infringement appropriate as no reasonable jury could find infringement based on the undisputed facts.
Court’s Ruling
The court rejected claims that the '965 patent was abstract or unpatentable, affirming that the preamble language was limiting. The court focused on proving literal infringement, requiring that every limitation in a claim be present in the accused product.
Kologik objected to the court’s request for supplemental materials, arguing that defendants should be barred from disputing claim construction due to delayed expert designation. The court dismissed this objection, noting that defendants had clarified their position early in the litigation.
The court interpreted "identifying" in Claim 1(c) as requiring an active step to recognize units within a geographic area. It reviewed Figures 3 and 4, concluding that Kologik's interpretation would render the term "within" superfluous.
Dr. Amodeo’s report, though cited by Kologik, did not support a finding of infringement, as it lacked substantive analysis of InForce911’s method.
Conclusion
The court ruled that InForce911 did not infringe upon the '965 patent and that the patent was valid. Kologik’s motion for sanctions was denied, and defendants’ motion for summary judgment of noninfringement was granted. The decision underscored the importance of clear patent claim construction and substantial evidence for infringement or invalidity claims.