Patent For Hunting Blind Not Infringed

Finding that the patentee "failed to produce any evidence to the contrary," the U.S. Court of Appeals for the Federal Circuit affirmed the district court's finding that the patentee did not raise a genuine issue of material fact as to infringement of the patent directed to a hunting blind. Stumbo v. Eastman Outdoors, Case Nos. 2007-1186, -1205 (Fed. Cir., Nov. 28, 2007) (Moore, J.).

Steve Stumbo filed suit against Eastman Outdoors, Inc. and Ameristep Corp. for infringement of U.S. Patent No. 5,628,338 (the '338 patent) directed to a hunting shelter or blind having a "closable vertical opening," depicted as a slit opening at a side edge or vertical corner, through which a person can enter or exit the blind. The defendants' accused products also included openings, albeit triangular-shaped openings. The defendants moved for summary judgment as to all of Stumbo's claims, arguing that the accused products do