Simpson Performance Products, Inc. v. NecksGen Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 SIMPSON PERFORMANCE Case No.: 3:18-cv-01260-BEN-MDD PRODUCTS, INC., a Texas corporation,
CLAIM CONSTRUCTION ORDER
Plaintiff, 11 v. 12 NECKSGEN INC., a California 13 corporation, 14 Defendant.
16 This litigation involves alleged patent infringement. Plaintiff Simpson 17 Performance Products, Inc. (“Simpson”) alleges Defendant NecksGen, Inc. 18 (“NecksGen”) has infringed on U.S. Patent Number 9,351,529 (“the ‘529 Patent”) titled 19 “Multi-Point Tethering System for Head and Neck Restraint Devices,” issued on May 31, 20 2016, through direct infringement, induced infringement, and contributory infringement. 21 According to Simpson, NecksGen offers to sell and sells two accused devices, the 22 REV head and neck restraint and the REV2LITE head and neck restraint, which infringe 23 on the ‘529 Patent. Compl., ECF No. 1, ¶¶ 20, 21. 24 In accordance with Local Patent Rule 4.2, the parties identified the following terms 25 for construction: (1) A restraint device having a system of tethers, and a helmet 26 cooperating with the tethers, for…