Martin Engineering wins suit

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NEPONSET — Martin Engineering Co. of Neponset has prevailed in a suit for patent infringement filed against Martin Engineering by Air Control Science Inc., a division of CCC Group Inc. of Greenwood Village, Colo.

 In January 2005, Air Control Science Inc. sued Martin Engineering in Denver, Colo., alleging infringement of U.S. Patent Nos. 6,000,533, 6,176,368, and 6,135,171, all relating to dust control systems used in the transfer of bulk material. Martin Engineering denied infringement and asserted defenses of invalidity and inability to enforce due to inequitable conduct in procuring the patents.

In February 2007, these patents were sold to CCC Group Inc., a Texas corporation, located in San Antonio, Texas, which was then substituted as plaintiff. A three-week trial was conducted in Denver in March 2008. On Sept. 17, U.S. Senior District Court Judge Richard P. Matsch ruled that the ’533 and ’368 patents were invalid and that Martin Engineering did not infringe the ’171 patent. Costs were awarded to Martin Engineering. 

“This decision is a significant victory for Martin Engineering and its counsel, Barnes and Thornburg, who were adamant in defense of this litigation,” said Todd Swinderman of Martin Engineering. “Martin Engineering will ask to be compensated for the attorney fees it has expended to defend against the patent infringement litigation.”

Any inquiries relating to this litigation should be directed to Swinderman. The memorandum opinion and order for entry of judgment is available upon request from Martin Engineering.