Minemyer v. B-Roc Representatives, Inc.

695 F. Supp. 2d 797, 2009 U.S. Dist. LEXIS 99904, 2009 WL 3464141
CourtDistrict Court, N.D. Illinois
DecidedOctober 27, 2009
DocketNo. 07 C 1763
StatusPublished
Cited by7 cases

This text of 695 F. Supp. 2d 797 (Minemyer v. B-Roc Representatives, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minemyer v. B-Roc Representatives, Inc., 695 F. Supp. 2d 797, 2009 U.S. Dist. LEXIS 99904, 2009 WL 3464141 (N.D. Ill. 2009).

Opinion

MEMORANDUM OPINION AND ORDER

' JEFFREY COLE, United States Magistrate Judge.

The plaintiff filed for a patent on a plastic pipe coupler — Patent No. 6,851,726 (“726 patent”) — on August 23, 1999. It’s a short length of sturdy plastic tube, with threads spiraling their way from both ends toward the center- — think jar lid, with the lid being one end of the coupler and the pipe being the jar. In the center, there is a stop so that the pipes being connected wouldn’t actually touch. It’s difficult to imagine there was anything new under the sun in pipe connecting by 1999, but it seems the salient feature of the plaintiffs coupler was the fact that the threads were shallow at the ends and became deeper as they worked into the center. The parties refer to them as “tapered threads.” Perhaps the slight “funnel shape” to the ridge of thread makes it easier for the coupler to accept the pipe to be connected, the connection becoming gradually tighter and more secure the closer the pipe gets to the center stop. In any event, that’s the significant feature of the patent for the purposes of this motion, the defendants’ motion for summary judgment as to the invalidity of the 726 Patent. Plaintiff sued the defendants for infringing his patent, and invalidity is one of their defenses.

According to the defendants, the plaintiff offered his product for sale more than a year before he filed. A patent is invalid under the on-sale bar of 35 U.S.C. § 102(b) if, prior to the critical date, the invention was ready for patenting and was the subject of a commercial sale or offer for sale. Pfaff v. Wells Electronics Inc., 525 U.S. 55, 67, 119 S.Ct. 304, 142 L.Ed.2d 261 (1998); In re Cygnus Telecommunications Technology, LLC, Patent Litigation, 536 F.3d 1343, 1353 (Fed.Cir.2008). De[800]*800fendants also argue that another party had a similar device on the market prior to that time as well, thereby invalidating the plaintiffs patent under the public use bar of 35 U.S.C. § 102(b). Zenith Electronics Corp. v. PDI Communication Systems, Inc., 522 F.3d 1348, 1356 (Fed.Cir.2008). Finally, the defendants submit that the patent is invalid for obviousness under 35 U.S.C. § 103. Plaintiff disputes that there was any offer for sale and submits that, even if there were, he is entitled to an earlier priority date — August 25, 1997— based on his provisional patent application. He disputes the other two arguments as well, for technical reasons.

I.

SUMMARY JUDGMENT

A.

The Federal Rule of Civil Procedure and the Applicable Case Law

Summary judgment is appropriate where “the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The moving party bears the initial burden to demonstrate their entitlement to summary judgment, Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). When considering a motion for summary judgment, the nonmoving party’s evidence “ ‘is to be believed, and all justifiable inferences are to be drawn in [that party’s] favor.’ ” Hunt v. Cromartie, 526 U.S. 541, 552, 119 S.Ct. 1545, 143 L.Ed.2d 731 (1999). Credibility determination must be left for the fact-finder. Hunt, 526 U.S. at 552, 119 S.Ct. 1545.

But this favor toward the nonmoving party does not extend to drawing “[i]nferences that are supported by only speculation or conjecture.” Fischer v. Avanade, Inc., 519 F.3d 393, 401 (7th Cir.2008). The nonmoving party “must do more than raise some metaphysical doubt as to the material facts; [she] must come forward with specific facts showing that there is a genuine issue for trial.” Keri v. Board of Trustees of Purdue University, 458 F.3d 620, 628 (7th Cir.2006). Where the nonmoving party bears the burden of proof at trial, he must present specific facts showing a genuine issue to survive summary judgment. Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Ortiz v. John O. Butler Co., 94 F.3d 1121, 1124 (7th Cir.1996) (“If the nonmoving party fails to establish the existence of an element essential to his case, one on which he would bear the burden of proof at trial, summary judgment must be granted to the moving party.”). A genuine issue of material fact exists, precluding summary judgment, “only if sufficient evidence favoring the nonmoving party exists to permit a jury to return a verdict for that party.” Sides v. City of Champaign, 496 F.3d 820, 826 (7th Cir.2007) (citation omitted).

B.

Summary Judgment Under the Local Rules

As always, the facts underlying this summary judgment proceeding are drawn from the parties’ Local Rule 56.1 submissions.1 Local Rule 56.1 requires a party seeking summary judgment to include with its motion “a statement of material facts as to which the ... party contends there is no genuine issue and that entitle the ... party to a judgment as a matter of law.” Local Rule 56.1(a)(3); Ciomber v. Coopera[801]*801tive Plus, Inc., 527 F.3d 635, 643 (7th Cir.2008). Each paragraph must refer to the “affidavits, parts of the record, and other supporting materials” that substantiate the asserted facts. Local Rule 56.1(a)(3); F.T.C. v. Bay Area Business Council, Inc., 423 F.3d 627, 633 (7th Cir.2005) The party opposing summary judgment must then respond to the movant’s statement of proposed material facts; that response must contain both “a response to each numbered paragraph in the moving party’s statement,” Local Rule 56.1(b)(3)(B), and a separate statement “consisting of short numbered paragraphs, of any additional facts that require the denial of summary judgment,” Local Rule 56.1(b)(3)(C); Ciomber, 527 F.3d at 643. Again, each response, and each asserted fact, must be supported with a reference to the record. Local Rule 56.1(b)(3)(B); Cracco v. Vitran Exp., Inc., 559 F.3d 625, 632 (7th Cir.2009); Bay Area Business Council, Inc., 423 F.3d at 633.

If the moving party fails to comply with the rule, the motion can be denied without further consideration. Local Rule 56.1(a)(3); Smith v. Lamz, 321 F.3d 680, 682 n. 1 (7th Cir.2003). If the responding parting fails to comply, its additional facts may be ignored, and the properly supported facts asserted in the moving parry’s submission are deemed admitted. Local Rule 56.1(b)(3)(C); Montano v.

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Bluebook (online)
695 F. Supp. 2d 797, 2009 U.S. Dist. LEXIS 99904, 2009 WL 3464141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minemyer-v-b-roc-representatives-inc-ilnd-2009.