Plastipak Packaging, Inc. v. Nestle Waters North America, Inc.

District Court, E.D. Virginia·Decided June 27, 2025·No. 1:20-cv-01288·Unknown

Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division

PLASTIPAK PACKAGING, INC., ) ) Plaintiff, ) ) v. ) Civil Action No. 1:20-cv-1288 (RDA/IDD) ) NESTLÉ WATERS NORTH AMERICA, ) INC., operating as BLUETRITON ) BRANDS, INC., ) ) Defendant. )

MEMORANDUM OPINION AND ORDER

This matter comes before the Court on Defendant Nestlé Waters North America, Inc.’s Motion for Claim Construction (Dkt. 147).1 This Court has dispensed with oral argument as it would not aid in the decisional process. See Fed. R. Civ. P. 78(b); Local Civil Rule 7(J).2 This matter has been fully briefed and is now ripe for disposition. Considering the Motion together with Defendant’s Memorandum in Support (Dkt. 148), Plaintiff Plastipak Packaging, Inc.’s

1 Plaintiff has also filed a Motion for Summary Judgment (Dkt. 139). However, the Court must resolve claim construction issues before deciding on summary judgment. Markman v. Westview Instruments, Inc., 52 F.3d 967, 996 n.7 (Fed. Cir. 1995) (Mayer, J., concurring) (“A claim . . . is first construed before deciding infringement.”). The Court will provide an opportunity for both parties to file and/or renew motions for summary judgment in light of this Memorandum Opinion and Order.

2 The Court notes that Defendant had requested a hearing on claim construction (also known as a Markman hearing). See Dkt. 149. This Court decided to take the issue under advisement on the papers only. See Dkt. Entry dated Nov. 13, 2023. The Court is not “required, in order to issue a claim construction, to conduct a Markman hearing. ‘Markman does not require a district court to follow any particular procedure in conducting a claim constriction. It merely holds that claim construction is the province of the court, not a jury.’” Minute Man Anchors, Inc. v. Oliver Techs., Inc., 2007 WL 6140029, at *2 (W.D.N.C. May 23, 2007) (quoting Ballard Med. Prod. v. Allegiance Healthcare Corp., 268 F.3d 1352, 1358 (Fed. Cir. 2001)). Memorandum in Opposition (Dkt. 159), Defendant’s Reply (Dkt. 161), and Plaintiff’s Sur-Reply (Dkt. 165), the Court has construed the claims at issue and DENIES Defendant’s Motion for Claim Construction, which seeks a particular construction, for the reasons that follow. I. BACKGROUND A. Parties

Plaintiff Plastipak invents, develops, manufactures, and sells containers and packaging for consumer products, including bottled water and other beverages. Dkt. 52 ¶ 7 (Second Amended Complaint). Plaintiff owns 500 U.S. patents and produces each year over 40 billion plastic preforms, as defined infra, and containers. Id. ¶¶ 8-9. Defendant Nestlé (operating under BlueTriton Brands, Inc.) also manufactures plastic preforms and containers used for its bottled water products. Id. ¶ 14. B. Producing Plastic Water Bottles Plastic water bottles are generally manufactured from polyethylene terephthalate (“PET”). Id. ¶ 15. The first step in manufacturing a PET bottle “typically involves converting PET resin

into a preform.” Id. A preform is “a work-in-process product for the final plastic container,” or in other words, the starting plastic molded shape that will then become the bottle. Id. Preforms may be created through injection molding, compression molding, or other known industry methods. Id. Ultimately, to create a plastic bottle, preforms are stretched and blow-molded into the desired shape of the final product. Id. ¶¶ 17, 20. The diagram below shows a preform and the resulting plastic water bottle. Id. Step 1 - Preform Step 2 - Container

The final shape of a plastic water bottleneck (also known as the “neck finish”) is molded during the manufacturing process. J/d. § 18. A plastic bottleneck inherently contains three structural components: (1) threads, (2) a tamper evident formation, and (3) a support flange. Jd. 420. The following diagram depicts the structural components of a plastic bottleneck. /d.

Te SSS ES sets

C. Disputed Patents Plastipak alleges that Nestlé infringed six of its patents: U.S. Patent Nos. 9,139,326 (“the °326 Patent”); 9,403,310 (“the °310 Patent”); 10,214,311 (“the ’311 Patent”); 10,266,299 (“the °299 Patent”); 10,457,437 (“the ’437 Patent’); and 11,560,250 (“the °250 Patent”). /d. 41. All of these patents relate to “light-weighting,” which is the practice of reducing the amount of plastic in water bottles. /d. Plastipak’s method of light-weighting entails producing a plastic water bottle with a lighter neck finish that retains its inherent structural components (threads, tamper evident formation, and a support flange). /d. § 23. The at-issue patents describe Plastipak’s water bottle

and preform as including threads, a support flange having an upper and lower surface, a tamper- evident formation, and a dispensing opening at the top of the neck portion. Dkt. 1, Exs. 3-4, 9, 11- 12; Dkt. 52, Ex. 6. Defendant challenges Plaintiff’s patents with respect to each of the three structural components, and its arguments can be separated into two categories: (1) those relating to height

and (2) those relating to weight. Dkt. 148 at 24. For purposes of this Court’s analysis, however, the Court need not distinguish between the different components, as all of the challenged claim terms (the exact language of the patent claims at issue) focus on and include the disputed words: “or less.” The following table outlines the parties’ disputes regarding the claims. Id. at 24-25; Dkt. 159 at 1.

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Plastipak Packaging, Inc. v. Nestle Waters North America, Inc., (E.D. Va. 2025).

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