Dahl

Dahl v. SWIFT DISTRIBUTIONS, INC.

Good Law

757 F. Supp. 2d 976·2010 WL 5306104·2010 U.S. Dist. LEXIS 137653

United States District Court, Central District of CaliforniaNovember 19, 2010CV 10-00551 SJO(RZX)California6,478 words

Opinion

Otero, J.

ORDER GRANTING DEFENDANTS AND COUNTERCLAIMANTS’ MOTION FOR SUMMARY ADJUDICATION OF NONINFRINGEMENT OF THE PATENTS-IN-SUIT

This matter is before the Court on Defendants and Counterclaimants Swift Distribution, Inc. d/b/a Ultimate Support Systems, Inc. (“Ultimate”), Michael Belitz, and Robin Slaton’s (collectively, “Defendants”) Motion for Summary Adjudication for Noninfringement of the Patents-in-Suit (“Motion”), filed on October 4, 2010. Plaintiff Gary-Michael Dahl (“Plaintiff’) filed an Opposition on October 8, 2010 (“Opposition”), which Defendants replied on October 18, 2010 (“Reply”). The Court held oral argument for the Motion on November 5, 2010. For the following reasons, Defendants’ Motion for Summary Adjudication is GRANTED in its entirety.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff is a professional musician who created a collapsible cart (“Cart”) to move vast amounts of music, sound and video equipment quickly and easily. (Compl. ¶ 13.) The Cart is allegedly capable of being manipulated into eight different configurations, depending on the item to be transported. (Compl. ¶ 12.) Plaintiff owns two patents, United States Patent Nos. 5,476,282 (“'282 Patent”) and…

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