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Barrday v. Lincoln Fabrics | Patent Lawsuit 22-1903

Barrday Corporation v. Lincoln Fabrics Inc.

22-1903 Fed. Cir. Closed 2 patents
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Infringement action filed 14 Jun 2022 in the United States Court of Appeals for the Federal Circuit and closed 16 Nov 2023, with 2 patents asserted. Recorded basis of termination: unpatentable.

Case recordPatsnap Litigation Data·

Case record

Patents involved
US9127379B2US8573261B2
Case no.
22-1903
Verdict cause
Infringement action
Court
Fed. Cir.
Court level
Court of Appeals
Case region
District of Columbia
Chief judge
None recorded
Trial level
Appeal
Filed – Closed
14 Jun 2022 – 16 Nov 2023
Duration
520 days
Basis of termination
Unpatentable
Products & marks
Securing yarns
Source: Patsnap Litigation Data. Case 22-1903, United States Court of Appeals for the Federal Circuit. Open this record in Eureka
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Patent at issue
US9127379B2 Active App. US14/070798

Woven multi-layer fabrics and methods of fabricating same

A multi-layer ballistic woven fabric, including an upper woven layer having upper warp yarns and upper weft yarns that are interwoven together to form the upper woven layer. The multi-layer ballistic woven fabric also includes a lower woven layer having lower warp yarns and lower weft yarns that are interwoven together, and a plurality of securing yarns, each securing yarn interwoven with at least some of the upper yarns and some of the lower yarns so as to secure the upper and lower woven layers together. At least one of the securing yarns is woven underneath a first lower weft yarn, then above a second upper weft yarn adjacent the first lower weft yarn, then underneath a third lower weft yarn adjacent the second upper weft yarn and then above a fourth upper weft yarn adjacent the third lower weft yarn. The multi-layer ballistic woven fabric is formed by interweaving the securing yarns with the warp yarns and weft yarns as the upper woven layer and lower woven layer are made.

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Patent standing
Legal status
Active
Granted
8 Sep 2015
Earliest priority
2 Oct 2009
Est. expiry
4 Oct 2030
Validity challenges
None recorded
Licences recorded
None recorded
Classification
D03D13/00B32B5/02D03D1/00B32B5/08B32B27/02D03D11/00D03D15/00F41H5/04D03D25/00
Prosecution counsel
SMART & BIGGAR LP
Examiner
MUROMOTO, JR., BOBBY
US9127379B2 patent drawing, figure 1
Fig. 1
US9127379B2 patent drawing, figure 2
Fig. 2
US8573261B2 Active App. US13/565856

Woven multi-layer fabrics and methods of fabricating same

A multi-layer ballistic woven fabric, including an upper woven layer having upper warp yarns and upper weft yarns that are interwoven together to form the upper woven layer. The multi-layer ballistic woven fabric also includes a lower woven layer having lower warp yarns and lower weft yarns that are interwoven together, and a plurality of securing yarns, each securing yarn interwoven with at least some of the upper yarns and some of the lower yarns so as to secure the upper and lower woven layers together. At least one of the securing yarns is woven underneath a first lower weft yarn, then above a second upper weft yarn adjacent the first lower weft yarn, then underneath a third lower weft yarn adjacent the second upper weft yarn and then above a fourth upper weft yarn adjacent the third lower weft yarn.

Read claims and description in Eureka
Patent standing
Legal status
Active
Granted
5 Nov 2013
Earliest priority
2 Oct 2009
Est. expiry
4 Oct 2030
Validity challenges
None recorded
Licences recorded
None recorded
Classification
F41H1/02D03D23/00D03D15/00
Prosecution counsel
SMART & BIGGAR LP
Examiner
MUROMOTO, JR., BOBBY
US8573261B2 patent drawing, figure 1
Fig. 1
US8573261B2 patent drawing, figure 2
Fig. 2
Source: Patsnap patent data + case record. Bibliographic fields and drawings reproduced from the published patent document. Break down the claims
Parties & counsel

Parties of record

Counsel of record

Source: case record + Patsnap company data. Attorney names appear as recorded in the docket. Compare both portfolios
Outcome

Basis of termination

From the record · verbatim

“THIS CAUSE having been considered, it is ORDERED AND ADJUDGED: AFFIRMED”

Case 22-1903 · Fed. Cir. · closed 16 November 2023
Source: case record, verbatim. The quoted paragraph is the basis-of-termination text as filed.

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Three questions this record usually leads to. Each one runs against the full litigation and patent corpus, and cites what it finds.

FAQ

Frequently asked questions

What is case 22-1903?

22-1903 is a patent infringement action brought by Barrday Corporation against Lincoln Fabrics Inc., filed on 14 Jun 2022 in the United States Court of Appeals for the Federal Circuit. The case closed on 16 November 2023.

Which patents were asserted in 22-1903?

US9127379B2 (“Woven multi-layer fabrics and methods of fabricating same”), assigned to BARRDAY INC., currently active; US8573261B2 (“Woven multi-layer fabrics and methods of fabricating same”), assigned to BARRDAY INC., currently active. The record also lists Securing yarns.

How was case 22-1903 terminated?

The recorded basis of termination is unpatentable. The termination text reads: “THIS CAUSE having been considered, it is ORDERED AND ADJUDGED: AFFIRMED”

How long did case 22-1903 take?

520 calendar days, from filing on 14 Jun 2022 to closure on 16 November 2023.

Who were the attorneys and the judge in 22-1903?

Michael J. Berchou is recorded as counsel for plaintiff Barrday. Charles Rauch and Robert Fluskey II appear for defendant Lincoln Fabrics.

Answers reproduce fields from the case record for 22-1903 and do not constitute legal advice. Ask your own question

Disclaimer. This page reproduces publicly available court docket data for case 22-1903 and is provided for general information and reference only. It is not legal advice and must not be relied upon as such.

Docket data has limits. Records are drawn from a snapshot and may lag the live docket. Sealed filings, amended complaints, counterclaims and post-closure motions may not be reflected. Party names, attorney names and firm affiliations are reproduced as recorded and may contain omissions. Where a field is absent from the record, this page marks it as not recorded rather than inferring a value.

No characterisation of the parties or the outcome. This page reports what the record contains. Nothing here should be read as an assertion that any party infringed, that any patent is valid or invalid, that any settlement occurred, or that any party prevailed.

No FTO or validity opinion. Nothing on this page constitutes a freedom-to-operate, novelty, validity or infringement opinion. Any decision touching a live patent dispute should be verified independently and reviewed with qualified patent counsel.

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