Link Treasure Ltd. v. Baby Trend, Inc.
Opinion
Opinion
Phillips, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
[Motion filed on April 25, 2011]
Plaintiff Link Treasure Limited (“Plaintiff’) filed this action for patent infringement, alleging that Defendant Baby Trend, Inc. (“Defendant”) infringed two patents owned by Plaintiff relating to folding baby strollers. Defendant brought a counterclaim against Plaintiff for a declaratory judgment of non-infringement, invalidity, and unenforceability of the asserted patents. Before the Court is Defendant’s motion for summary judgment or partial summary judgment on Plaintiffs claims and Defendant’s counterclaim and affirmative defenses (“Motion”). The parties came before the Court for a hearing on July 18, 2011. After considering the arguments in support of and in opposition to the Motion, the Court GRANTS the Motion.
I. BACKGROUND
A. Procedural History
On August 18, 2006, Plaintiff and former co-plaintiff Discovery International Co., Ltd. (“Discovery”) filed a complaint against Defendant in the Northern District of Georgia. (Link Treasure Ltd. v. Baby Trend, Inc., No. 06-1930 (N.D.Ga. filed Aug. 18, 2006), Doc. No. 1 (Compl.). ) In the Complaint, Plaintiff accused Defendant of infringing…