American Piledriving Equipment, Inc. v. Bay MacHinery Corp.

ORDER CONSTRUING CLAIMS

On May 6, 2009, the parties’ claim construction hearing to construe the disputed terms of U.S. Patent No. 5,355,964 (“the '964 Patent”) pursuant to Markman v. Westview Instruments, Inc., 517 U.S. 370 , 116 S.Ct. 1384 , 134 L.Ed.2d 577 (1996), came on before this court. Plaintiff American Piledriving Equipment, Inc. (“APE”) appeared through its counsel Craig Madson and defendant Bay Machinery Corporation (“Bay”) appeared through its counsel Peter Knops and Kenneth Kula. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, the court hereby rules as follows.

BACKGROUND

The '964 Patent covers a vibratory assembly used in vibratory pile driving and pile pulling equipment for imparting a vibratory force to a pile utilizing counterweights. APE has sued Bay for infringement of the '964 Patent. See First Amended Complaint (“FAC”).

A. Background Technology

Pile driving equipment is used to drive large piles into the earth to form a stable support for buildings or other structures. Similarly, pile driving equipment is used to remove large piles from the earth. Pile driving equipment with a vibratory apparatus,…