Ball Aerosol and Specialty Container, Inc. v. Limited Brands, Inc., No. 05 C 3684, 2008 WL 839993 (N.D. Ill. Mar. 27, 2008) (Der-Yeghiayan, J.).
Judge Der-Yeghiayan denied defendants’ (collectively "Limited Brands") motion for reconsideration regarding the Court’s claim construction opinion and its summary judgment opinions of infringement, validity and damages – click here to read more about those opinions in the Blog’s archives. The Court previously construed the claims of plaintiff Ball Aerosol’s ("BASC") patent covers a candle tine. The Court granted BASC summary judgment of infringement and validity, pre-KSR. When KSR revised the obviousness standard, the Court sua sponte ordered supplemental briefing regarding obviousness in light of KSR. Based upon that briefing, the Court again granted summary judgment of validity. The Court then granted BASC summary judgment on damages awarding it 20% royalties and finding Limited Brand’s infringement willful.
The Court held that its original claim construction, validity and infringement holdings were correct and that Limited Brands had been given ample opportunities to defend itself. The Court also denied Limited Brands’ argument that reasonable royalties could not be decided on summary judgment. Limited Brands’ Seventh Amendment right to a jury trial regarding damages had not been violated. There is no right to a jury without a material question of fact.
Easypower Corp. v. Alden Corp., __ F. Supp.2d __, 2007 WL 4191837 (N.D.Ill. Nov. 21, 2007) (Denlow, Mag. J.).
Judge Denlow denied defendant Alden Corp.’s (“Alden”) motion for reconsideration of the Court’s construction of “acute angle relative to the axis.” The Court’s construction required an angle less than 90°, and further required that if there were two or more angles, any two angles together be greater than 90°. Alden argued that the requirement regarding two or more angles was improperly read into the claim without support in the specification. But the Court held that the limitation was required based upon the clear language of the specification. Additionally, the Court noted that the parties were given ample opportunities to argue the issue, both on the papers and during the Markman hearing.
Baldwin Graphic Sys., Inc. v. Siebert, Inc., No. 03 C 7713, 2007 WL 1610449 (N.D. Ill. Mar. 21, 2007) (Moran, J.).*
Judge Moran granted defendant Siebert’s motion for reconsideration of the Court’s earlier claim construction ruling. Based upon it reconsidered construction, the Court granted Siebert summary judgment of noninfringement of plaintiff Baldwin Graphic Systems’ (“Baldwin”) patent claiming printing press cleaning components. The Court originally construed the claims at issue and then denied Siebert’s first motion for reconsideration in 2005 — the Court held that Siebert’s 2005 motion for reconsideration simply repackaged arguments the Court considered in its original claim construction opinion. At that time the Court construed “reduced air content cleaning fabric” as not excluding fabric having its air content reduced by winding or rewinding the fabric on to a roll. In its current motion, Siebert argued that “reduced air content cleaning fabric” includes only fabric having its air content reduced by mechanical means before being wound on to a roll. The Court acknowledged that this was a new argument and, therefore, considered it. The Court held that the claim language itself was not helpful in construing the term, but the language of the dependent claims combined with the patent’s specification made clear that “reduced air content cleaning fabric” required that the fabric have its air content reduced by “some method” before being wound on to a roll. Because there was no evidence that Siebert’s fabric underwent no mechanical process for removing air prior to being wound on to a roll, the Court granted Siebert summary judgment of noninfringement.
This opinion is especially remarkable because, while I do not have statistics confirming this, motions for reconsideration do not have a high success rate. And it is even more rare for a second motion for reconsideration of the same opinion to succeed.
* You can read more about this case in the Blog’s archives.