Superior Fireplace Co. v. Majestic Products Co.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OF CERTIFICATE OF CORRECTION AND OF INTERVENING RIGHTS;

ORDER MOOTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT;

ORDER MOOTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AS TO INVALIDITY OF CLAIM 2;

ORDER MOOTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT OF VALIDITY AND INFRINGEMENT

ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED PURSUANT TO RULE 11 OF THE FEDERAL RULES OF CIVIL PROCEDURE.

I. INTRODUCTION

This litigation arises out of the alleged infringement of a patent for a heating device, identified as United States Patent 5,678,534 (“’534”). Currently before the Court are (1) defendants’ motion for summary judgment of invalidity of certificate of correction and intervening rights; (2) defendants’ motion for summary judgment of non-infringement; (3) defendants’ motion for summary judgment of invalidity of claim 2; and (4) plaintiffs motion for summary judgment of patent infringement and of validity of U.S. Patent No. 5,678,534 .

II. FACTUAL AND PROCEDURAL BACKGROUND

A. FACTUAL BACKGROUND

Plaintiff Superior Fireplace Company (“Superior”) owns, by…