UNITED STATES GYPSUM COMPANY v. Pacific Award Metals, Inc.
Opinion
Opinion
White, J.
ORDER GRANTING UNITED STATES GYPSUM COMPANY’S MOTION FOR SUMMARY JUDGMENT RE NON-INFRINGEMENT
INTRODUCTION
This matter comes before the Court upon consideration of the motion for summary judgment filed by Plaintiff United States Gypsum Company (“USG”). Having considered the parties’ pleadings, relevant legal authority, and having had the benefit of oral argument, the Court HEREBY GRANTS USG’s motion.
In its motion, USG argues that it is entitled to judgment as a matter of law on the false marking counterclaim filed by Defendant Pacific Award Metals, Inc. (“Award”) with respect to U.S. Patent No. 5,131,198 (the “'198 Patent”), which relates to corner beads for drywall construction and particularly to corner beads having an outer paper layer.
BACKGROUND
A. Procedural Background.
On November 19, 2004, USG filed this infringement action alleging that Award infringed the '198 Patent. On December 20, 2004, Award answered and filed a counterclaim for, inter alia, false marking. In its counterclaim, Award alleged that USG falsely marked its products with the '198 Patent when USG “knew the protective coating on its paper-faced corner bead products has a thickness that, as measured…