SureSafe Industries, Inc. v. C & R PIER MFG.
Opinion
Opinion
Enright, J.
MEMORANDUM DECISION AND ORDER
This is an action for infringement for U.S. Patent No. 4,937,989 (the ’989 patent) claiming a mobile home support that elevates and ties together “trailer-like” sections of mobile homes. The suit is brought by plaintiffs Sure Safe Industries, Inc. (“Sure Safe”) and Intertrack Management, Inc. (“Intertrack”) against defendants C & R Pier Mfg. (“C & R”), its president, Richard Clifton, and a former shareholder of C & R Pier, Chuck Giles.
The ’989 patent claims a combination of three assemblies: 1) a pair of piers; 2) a two-part clamp to engage an I-beam (the “marriage lock”, and 3) a tie-rod assembly for connecting piers. The ’989 patent does not contain claims for any single subassembly by itself. Only a product comprised of ah three subassemblies arranged as set out in the claims infringes.
Defendants have brought three motions for summary judgment: 1) based on noninfringement; 2) based on invalidity; and 3) by Chuck Giles.
I. LEGAL STANDARD
Federal Rule of Civil Procedure 56(c) mandates the entry of summary judgment against a party which “fails to make a showing sufficient to establish the existence of an element essential to that party’s case…