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Intellectual Property
Patent Infringement
Container Packer Systems

Advanced Steel Recovery LLC v. X-Body Equipment Inc., Jewell Attachments LLC,

Published: Nov. 15, 2014 | Result Date: Aug. 11, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 2:12-cv-01004-GEB-DAD Summary Judgment –  Defense

Court

USDC Eastern


Attorneys

Plaintiff

Mark Nielsen

Daniel M. Cislo
(Cislo & Thomas LLP)

Kelly W. Cunningham
(Cislo & Thomas LLP)

Perry M. Goldberg
(Progress LLP)

Eric C. Hanson

Kathryn Anderson

Kenneth J. Weatherwax


Defendant

Robert M. Harkins Jr.


Facts

Advanced Steel Recovery LLC filed an infringement lawsuit against X-Body Equipment Inc. and Jewell Attachments LLC.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that it owned rights to a patent entitled "Container Packer System And Method." Plaintiff accused defendants of infringing on its patent by selling, manufacturing, or otherwise making products available that infringe on plaintiff's patent. Plaintiff alleged that the infringing container packing systems had been sold or otherwise made available by defendants without authority or license from plaintiff, and asserted a single claim for patent infringement.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations, arguing that plaintiff's allegations were without any basis. Defendants also alleged that plaintiff had been using this lawsuit to gain commercial advantage over defendants. Moreover, defendants alleged that even a cursory inspection of the allegedly infringing product would disprove plaintiff's asserted claims. Defendants moved for summary judgment of non-infringement.

Result

The court granted defendants' summary judgment motion, and entered judgment accordingly.


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