In January 2005, Air Control Science Inc. sued Martin Engineering in Denver, 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 unenforceability due to inequitable conduct in procuring the patents.
In February 2007, these patents were sold to CCC Group Inc., a San Antonio, Texas corporation, which was then substituted as Plaintiff. A three-week trial was conducted in Denver in March 2008.
On September 17, 2008, 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.