Sharper Image Corp. v. Target Corp.

ORDER ADDRESSING CROSS-MOTIONS FOR SUMMARY JUDGMENT

Defendants Target Corporation, Ionic Pro, LLC, Qwik Cook, Inc. d/b/a Home Trends, Ideal Products, LLC (Ideal Products), Sylmark, Inc. (Sylmark), Sylmark, LLC, Factories2U, LLC and Chaim Mark Bess (collectively, Defendants) move for summary adjudication of Plaintiff Sharper Image Corporation’s claims of patent infringement, trade dress infringement and unfair competition and of Defendants’ counterclaims for non-infringement of the asserted patents. Plaintiff opposes the motion, and separately moves to strike portions of it. Defendants move to strike the opposition. Plaintiff separately moves to strike, under California Code of Civil Procedure § 425.16, Defendants’ tort and State law counterclaims, and in the alternative moves for judgment on the pleadings of the counterclaims, and for partial summary adjudication on its utility patent infringement claim. Defendants oppose those motions, and purportedly cross-move for summary judgment. Plaintiff separately moves for leave to file a Third Amended Complaint (TAC) and to join additional defendants. Defendants oppose the motion.

These matters were heard on January 27, 2006. Having…