Summary judgment rulings issue in film coating dispute
Asahi Glass Co., LTD., et al. v. Guardian Industries Corp., Civ. No. 09-515-SLR, September 26, 2011.
Robinson, J. Plaintiff’s motion for summary judgment of infringement was granted as to certain claims. Defendant’s non-infringement motion was granted in part and denied in part. Defendant’s motion for summary judgment of invalidity was denied. Its motion for leave to file supplemental briefing in support of summary judgment was denied.
Plaintiffs assert infringement of patents directed to technology for applying thin film coatings to glass. Defendant denied infringement and asserted the invalidity of those patents. Summary judgment of infringement was granted under the court’s claim construction as to certain product claims but was denied as to process claims. Defendant’s motion for summary judgment of non-infringement was granted in part regarding a method claim for making targets where it was undisputed that the defendant did not make the accused sputtering targets. The court noted that plaintiffs have a cause of action against the target manufacturers, declining to apply 35 U.S.C. § 271(g) to domestically-manufactured goods. The remaining portion of the non-infringement motion was denied. The court also denied summary judgment as to invalidity under 35 U.S.C. § 112, ¶1 for lack of enablement and under 35 U.S.C. § 103 for obviousness, as both rested on facts in genuine dispute involving complicated technology. Defendants’ motion to file supplemental briefing in support of its invalidity motion was denied.
