DUHN OIL TOOL, INC. v. Cooper Cameron Corp.

MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART CAMERON’S MOTION FOR PARTIAL SUMMARY JUDGMENT OF NO INFRINGEMENT (Docs. 445 & 446)

Cooper Cameron Corporation (“Cameron”) moves for partial summary judgment on the ground that Duhn Oil Tool, Inc. (“Duhn”) cannot carry its burden of proof as to the following subset of Duhn’s allegations:

I. GOVERNING STANDARDS.

Summary judgment is proper when it is shown that there exists “no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56. A fact is “material” if it is relevant to an element of a claim or a defense, the existence of which may affect the outcome of the suit. T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass’n, 809 F.2d 626 , 630 (9th Cir. 1987). Materiality is determined by the substantive law governing a claim or a defense. Id. The evidence and all inferences drawn from it must be construed in the light most favorable to the nonmoving party. Id.

The initial burden in a motion for summary judgment is on the moving party. The moving party satisfies this initial burden by identifying the parts of the materials on file it believes demonstrate…