Rulings on motions for summary judgment issue in windshield blade case
Robert Bosch, LLC v. Pylon Manufacturing Corp., Civ. No.08-542a-SLR, April 12, 2010(amended opinion).
Robinson, J. Plaintiffs’ motion for summary judgment of infringement of the '974 patent with respect to claims 1 and 8 is granted but denied as to claim 2; Plaintiff’s motion for summary judgment of noninfringement of defendant’s '380 patent is granted. Plaintiffs’ motion for summary judgment of no inequitable conduct and no invalidity with respect to the '905 and '434 patents is granted but is denied with respect to the '974 patent. Plaintiffs’ motion to strike certain expert testimony is denied as moot. Defendant’s motion for summary judgment of noninfringement of the '512 patent is granted but denied as to three other patents. Defendant’s invalidity motion is denied.
The patents-in-suit relate to improvements over conventional bracketed windshield wiper blades. Defendant is accused of infringing through the manufacture and sale of various wiper blade products that embody the patented inventions and plaintiff is accused of infringing defendant’s patent. Both sides move for summary judgment on various grounds. Several material issues prevent the court from granting defendant’s motion that the asserted claims of the '974 patent are invalid as anticipated and obvious. With respect to Plaintiff’s claim its patents are not invalid for derivation, defendant has met Rule 8 requirements in pleading. Defendant’s evidence of derivation as to two of the patents-in-suit fails. Turning to inequitable conduct, the court finds that material issues persist as to inventorship and whether there was intent to deceive the PTO. On infringement, the Court grants plaintiffs’ summary judgment on infringement as to claims 1 and 8 of the '974 patent but not as to claim 2, and grants plaintiff’s motion as to noninfringement of the ‘380 patent. Defendant’s motion of noninfringement as to the ‘512 patent is granted. The remaining motions are denied. Finally, plaintiff’s motion to strike defendant’s expert report is denied as moot.
