AmTab Mfg. Corp. v. SICO Inc., No. 11 C 2692, Slip Op. (N.D. Ill. Aug. 13, 2012) (Darrah, J.).
Judge Darrah denied plaintiff AmTab’s motion for reconsideration of the Court’s prior claim construction order. While claim construction is an organic process that can be revised throughout a case, AmTab did not present any new arguments. Even the new construction relied upon old arguments. The Court, therefore, denied the motion.
AmTab Mfg. Corp. v. SICO, Inc., No. 11 C 2692, Slip Op. (N.D. Ill. June 19, 2012) (Darrah, J.).
Judge Darrah denied defendants’ (collectively “SICO”) request to modify the Local Patent Rules standard protective order to include a prosecution bar. While a prosecution bar could be appropriate, SICO failed to provide the specific facts necessary to meet its burden:
- SICO offered general statements of potential competitive injury, but offered no specific information the disclosure of which would injure SICO.
- SICO offered no examples of information it felt needed to be withheld.
- SICO did not demonstrate that plaintiff AmTab’s counsel was engaged in competitive decision making.
- AmTab’s outside counsel were not involved in marketing, product design, production, scientific research or pricing decisions.
AmTab Mfg. Corp. v. SICO, Inc., No. 11 C 2692, Slip Op. (N.D. Ill. March 29, 2012) (Darrah, J.).
Judge Darrah construed the disputed terms of the patent in suit related to a stool attaching to a folding table. Of particular note, the Court held as follows:
- “An elongate seat post having a substantially uniform cross section mating with the support mount” was construed as “a seat post with an unvarying or nearly unvarying cross section for the entire length of the seat post mating with the seat mount.”
- “An at least substantially vertical extent of the seat post having a noncircular cylindrical surface” was construed as “the portion of the seat post that is vertical or nearly vertical has a noncircular cylindrical shape for the entire length of that portion.”
- “[A]t least partially inserted into the other noncircular cylindrical surface” did not require construction, its ordinary meaning was clear.
- “[A]ligned non-circular cylindrical surfaces” did not require construction, its ordinary meaning was also clear.