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Allen Archery, Inc. v. Browning Manufacturing Co.

819 F.2d 1087, 2 U.S.P.Q.2d 1490 (1987)

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Allen Archery, Inc. v. Browning Manufacturing Co.

United States Court of Appeals for the Federal Circuit
819 F.2d 1087, 2 U.S.P.Q.2d 1490 (1987)

Facts

Allen Archery, Inc. (Allen) (plaintiff) brought a patent-infringement action against Browning Manufacturing Company (Browning) (defendant) in federal district court. Before initiating the suit, Allen voluntarily filed disclaimers of three of the patent’s claims, which Allen’s counsel had deemed invalid. Before the case went to trial, Allen’s counsel disclaimed several more claims found invalid by a court in a different infringement action. Following trial, the district court found that other claims in Allen’s patent were valid and infringed by Browning. Browning appealed to the United States Court of Appeals for the Federal Circuit, contending that Allen was barred from recovery because Allen had failed to disclaim the additional invalid claims at the same time it disclaimed the initial three claims.

Rule of Law

Issue

Holding and Reasoning (Friedman, J.)

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