Arlington Industries, Inc. v. Bridgeport Fittings, Inc.

106 F. Supp. 3d 506, 2015 U.S. Dist. LEXIS 59580, 2015 WL 2131626
CourtDistrict Court, M.D. Pennsylvania
DecidedMay 7, 2015
DocketCivil Action No. 3:06-CV-1105
StatusPublished
Cited by4 cases

This text of 106 F. Supp. 3d 506 (Arlington Industries, Inc. v. Bridgeport Fittings, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arlington Industries, Inc. v. Bridgeport Fittings, Inc., 106 F. Supp. 3d 506, 2015 U.S. Dist. LEXIS 59580, 2015 WL 2131626 (M.D. Pa. 2015).

Opinion

MEMORANDUM

CHRISTOPHER C. CONNER, Chief Judge.

Presently before the court is Arlington Industries, Inc.’s (“Arlington”) motion (Doc. 465) for summary judgment of damages for sales of Bridgeport Fittings, Inc.’s (“Bridgeport”) Whipper-Snap Duplex Connectors, catalog numbers 3838ASP and 3838SP, previously held to infringe Arlington’s United States Patent Number 5,266,-050 (“the '050 patent”). (See Doc. 458). For the reasons that follow, the court will grant the motion.

I. Factual Background & Procedural History

Arlington and Bridgeport are fierce competitors in the electrical conduit fitting industry. This case concerns a particular type of electrical conduit fitting with a snap-in feature. Litigation between the parties over patents underlying this type of fitting has been ongoing since 2001. See Arlington Indus., Inc. v. Bridgeport Fittings, Inc., Civ.A.No. 3:01-CV-0485 (M.D.Pa.) (hereinafter “Arlington I ”). The Arlington I litigation, instituted in 2001, originally concerned only Bridgeport’s Single Connector snap-in products. Bridgeport’s Duplex Connector fittings entered the dispute in 2006, with the commencement of the above-captioned case (hereinafter “Arlington II”). (Doc. 3). The Duplex Connectors later became a part of Arlington I during the discovery phase of that litigation. Unbeknownst to the Honorable A. Richard Caputo, who initially oversaw the above-captioned action,1 and the undersigned, who presided over the Arlington I litigation, the parties litigated identical claims regarding the Duplex Connectors in the two cases. Through oversight or inadvertence, neither party found it necessary to seek immediate consolidation, and this matter and Arlington I proceeded on parallel tracks. Suffice it to say that the procedural path leading to the motion sub judice has been rather tortured.

A. Arlington’s '050 Patent

In 1992, Arlington developed and manufactured a new type of electrical conduit fitting, intended to replace previous units whose installation required the use of two hands to screw the device into an electrical junction box.2 (See Doc. 102, Ex. B). This electrical conduit fitting, also called a connector, allows a user to quickly connect the device to a junction box using one hand instead of two, thereby reducing the time and effort required during installation. (See id. at col. 1).

On December 15, 1992, Arlington acquired United States Patent Number 5,171,164 (“the '164 patent”), which covered the design of this device. (Arlington 1, Doc. 404 ¶ 2; Doc. 432 ¶ 2). The follow[510]*510ing year, Arlington secured the '050 patent. (Doc. 102, Ex. B). The '050 patent was a “continuation patent,” meaning that it shared a common specification with the '164 patent, but included different claims. (Arlington I, Doc. 404 ¶ 2; Doc. 432 ¶ 2).

In 1999, Bridgeport introduced its own product line of quick-connect fittings called the “Snap-In Fitting.” (See Arlington I, Doc. 170 at 7-10). Certain characteristics of the Snap-In Fittings were nearly identical to those featured in Arlington’s patented products. (See Arlington I, Doc. 310 ¶ 2.5). Arlington filed the Arlington I litigation in March 2001, alleging that the Snap-In Fittings infringed both the '164 and the '050 patents. (See Arlington I, Doc. 1).

B. The Whipper-Snap Duplex Connectors

In September 2005, Bridgeport designed a new type of quick-connect electrical fitting similar to the '050 patent, which it called the “Whipper-Snap.” (See Arlington I, Doc. 404 ¶ 14; Doc. 432 ¶ 14). Bridgeport subsequently initiated an action requesting a declaratory judgment that its Whipper-Snap fittings did not infringe the '050 patent. (See Arlington I, Doc. 584). In an order dated April 6, 2006, the court consolidated Bridgeport’s declaratory judgment action with Arlington I. (Arlington I, Doc. 267).

On February 18, 2003, Arlington acquired United States Patent Number 6,521,831 (“the '831 patent”) for a type of two-wire, or duplex, electrical fitting. (Doc. 114 ¶ 2; Doc. 154 ¶ 2; Doc. 328 at 3). Arlington filed the instant litigation on May 31, 2006, alleging that Bridgeport’s Duplex Connectors-two products in the Whipper-Snap product line-infringed the '831 patent. (Doc. 1). In response, Bridgeport filed a petition with the United States Patent & Trademark Office (“PTO”) seeking inter partes reexamination of the '831 patent. ( See Docs. 139, 142). The PTO granted Bridgeport’s request and shortly thereafter commenced its review. (See Docs. 139, 142).

By amended complaint dated June 27, 2006, Arlington asserted a second claim against the Duplex Connectors, alleging that they infringed the '050 patent. (Doc. 3). This claim also became a part of Arlington I during discovery. From that point forward, the parties litigated the same issue — infringement of the '050 patent by the Duplex Connectors — in both Arlington I and Arlington II.

C. Protracted Litigation

On December 4, 2007, Judge Caputo issued his Markman claim construction ruling on the '050 patent. (Doc. 98). Nearly three months later, on February 25, 2008, the Arlington I court issued its Markman ruling in which it construed certain terms of the '050 patent in a manner materially different from the construction issued by Judge Caputo. (Arlington I, Doc. 376). The parties filed motions for summary judgment in each case. (Arlington I, Docs. 382, 385; Arlington II, Docs. 110, 112, 113). On September 18, 2008, Judge Caputo granted Bridgeport’s motions for summary judgment in the above-captioned case, concluding that Arlington could not prove infringement of the '050 patent by Bridgeport’s Duplex Connectors. (Doc. 307). However, on February 4, 2009, the Arlington I court denied the parties’ cross-motions for summary judgment on the issue of infringement and set trial for September 2009. (See Arlington I, Docs. 471, 474).

Days before trial, Bridgeport filed a motion to stay the trial in Arlington I on claim and issue preclusion grounds as a result of Judge Caputo’s judgment of non-infringement of the Duplex Connectors in the above-captioned case. (Arlington I, [511]*511Doc. 561). The undersigned denied the motion, but excised the Duplex Connectors from trial to circumvent the issue preclusion conundrum stemming from conflicting claim constructions. (Arlington I, Doc. 584). A jury returned a verdict in favor of Arlington, finding that thirty of Bridgeport’s Single Connector products infringed the '050 patent. (Arlington I, Doc. 632). The jury awarded Arlington lost profits damages and determined that Arlington was entitled to a reasonable royalty rate of 12%. (Id.)

After the trial, Bridgeport filed a motion for renewed judgment as a matter of law and for a new trial, alleging in part that res judicata barred the jury’s verdict concerning the Single Connectors. See Arlington I, 692 F.Supp.2d 487, 498-503 (M.D.Pa.2010). The court found that Judge Caputo’s claim construction' in Arlington II

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106 F. Supp. 3d 506, 2015 U.S. Dist. LEXIS 59580, 2015 WL 2131626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arlington-industries-inc-v-bridgeport-fittings-inc-pamd-2015.