Geo. M. Martin Co. v. Alliance MacHine Systems International, LLC

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT AND DENYING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT OF INFRINGEMENT

INTRODUCTION

In this patent-infringement action, defendant moves for summary judgment of non-infringement. Plaintiffs move for partial summary judgment of infringement. Summary judgment of non-infringement as to claims 5,12,16, and 17 is Granted. But material issues of fact exist with regard to the remaining claims. Accordingly, defendants’ motion for summary judgment of non-infringement as to the remaining claims is Denied and plaintiffs’ motion for partial summary judgment of infringement is Denied.

STATEMENT

Plaintiff Martin Family Trust is the as-signee of United States Patent No. 6,655,-566 Bl, and plaintiff George M. Martin Company practices the claimed method as the Trust’s purported exclusive licensee. The patent itself is directed to an improvement to a bundle breaker. Bundle breakers are industrial machines that break stacked sheets of material, called “logs,” along scored or weakened lines to “bundles” (col.1:5-15). These machines are frequently used in the corrugated cardboard industry but…