Chip-Mender, Inc. v. Sherwin-Williams Co.

ORDER CONSTRUING CLAIMS

Plaintiff Chip-Mender, Inc. (“Chip-Mender”), owns two utility patents for paint applicator systems used to apply automotive touch-up paint to cover chips and scratches on the painted surface of vehicles. The patents are U.S. Patent No. 6,254,299 B1 (“the '299 patent”) and U.S. Patent No. 6,283,663 B1 (“the '663 patent”). The inventor is Timothy M. Russo, who is also the president of Chip-Mender, to whom he assigned the patents.

Chip-Mender filed this action on August 26, 2005, alleging that defendant The Sher-win-Williams Company (“Sherwin-Williams”) had infringed Chip-Mender’s patents. On May 5, 2006, pursuant to the local rules of this court, the parties filed a joint claims construction statement. Chip-Mender has given Sherwin-Williams a broad covenant not to sue with regard to the '633 patent, and now asserts only certain claims of the '299 patent.

On September 13, 2006, following the filing of briefs by the parties, the court heard argument regarding the construction of nine disputed terms in the claims of the '299 patent. Chip-Mender appeared by its counsel Kenneth B. Wilson and Dieter Hellmoldt, and Sherwin-Williams appeared by its counsel Regan…