Summary judgment is denied where expert testimony conflicts

Posted on October 16, 2007 by Morris James LLP

Crown Packaging Technology, Inc., et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, October 5, 2007.

Thynge, M.J.  Plaintiff’s motion for summary judgment to dismiss counterclaims of invalidity and non-infringement is denied.


The patents-in-suit relate to certain aspects of beverage cans. The court found that because the experts disagree as to whether one skilled in the art would understand a particular reference to require radial movement of the roller, a genuine issue of material fact exists as to whether the asserted claims were reduced to practice by a particular time.

A copy of the full opinion is available here.
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