Plaintiffs' dismissal motions are granted; defendant's is denied
LG Electronics U.S.A., Inc., et al. v. Whirlpool Corporation, et al., (D.I. 12 D.I. 55) C. A. No. 10-311-GMS, September 29, 2011.
Sleet, C. J. Defendant’s motion to dismiss with respect to invalidity of one patent is denied; Plaintiff’s motions to dismiss are granted.
The patent-in-suit relates to refrigerator technology. Defendant’s motion to dismiss plaintiff’s request for declaratory judgment based on invalidity of one patent-in-suit as barred by collateral estoppel is denied. While a previous jury considered the issue of infringement, plaintiff’s evidence of its redesign presents new issues which were not previously litigated. Plaintiffs’ motions to dismiss on the theory of res judicata are granted. Specifically, a redesigned accused French door refrigerator shares the same configuration in all material respects as refrigerators previously found not to infringe. Plaintiff demonstrated that the features compelling judgment of non-infringement previously were not changed in the redesign. The court declines to consider the motion as one for summary judgment because it is permitted to take judicial notice of the record from a previous court proceeding.
