MSM INVESTMENTS CO., LLC v. Carolwood Corp.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT FOR INVALIDITY UNDER 35 U.S.C. § 102 (b) AND § 103

Plaintiff MSM Investments Co., LLC. sued Defendants (collectively “Carolwood”) for infringing U.S.Patent No. 5,071,878 (“the ’878 patent”). In response, Defendants raised several affirmative defenses, including patent invalidity. By the instant motion, Defendants move for summary judgment that claims 1-8 of the ’878 patent are invalid over an alleged public use under 35 U.S.C. § 102 (b).

I. INTRODUCTION

Having considered the written submissions of the parties and the oral arguments of counsel, the Court GRANTS the motion for summary judgment. Based on the evidence presented, the Court finds that no genuine issue of material fact exists and that claims 1-8 of the ’878 patent are invalid, as a matter of law, under 35 U.S.C. § 102 (b). The Court’s analysis is set forth below.

II. BACKGROUND

A. The ’878 Patent

U.S.Patent No. 5,071,878 issued on December 10, 1991, from an application filed on February 6, 1991. According to its title, the ’878 patent relates to the use of methylsulfonylmethane (“MSM”) to enhance the diet of an animal. The ’878 patent names Robert J. Herschler…