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
Daniel M. Cislo
(Cislo & Thomas LLP)
Kelly W. Cunningham
(Cislo & Thomas LLP)
Perry M. Goldberg
(Progress LLP)
Defendant
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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