Bird Barrier America, Inc. v. Bird-B-Gone, Inc.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY ADJUDICATION

This case concerns allegations of patent infringement. Plaintiff Bird Barrier (“Plaintiff’) alleges, among other things, that Defendant Bird-B-Gone, Inc. (“Defendant”) has infringed Plaintiffs bird deterrent device patent. Defendant filed a Motion for Summary Adjudication (“Motion”). In the Motion, Defendant asks the Court to determine that one of its products, the “New Bird Jolt Flat Track Product” (“New Bird Jolt”), does not infringe Plaintiffs patent. After considering all papers and arguments submitted, the Court GRANTS the Motion.

BACKGROUND

Plaintiff Bird Barrier America, Inc. (“Plaintiff’) is the assignee of U.S. Patent No. 7,481,021 (“the '021 Patent”). (Declaration of Joshua L. Emory (“Emory Decl.”), Exh. A, First Amended Complaint (“FAC”) ¶ 7.) This patent “relates to a device that delivers an electric shock to an animal that comes into contact with it.” (FAC ¶ 8.) The patented device is primarily used “as a bird deterrent.” (FAC ¶ 8.) Plaintiff alleges that Defendant’s “Bird Jolt Flat Track” products infringe Plaintiffs patent. (FAC ¶¶ 7,10.)

The '021 Patent has 34 claims. (Statement of Undisputed Facts…