Use Techno Corp. v. Kenko USA, Inc.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

On April 24, 2006, Plaintiffs Use Techno Corporation and Futoshi Matsuyama (collectively “Plaintiffs”) filed this patent infringement case against Defendants Iovate Health Sciences USA, Inc., Jarrow Formulas, Inc., Jarrow Industries, Inc., Ken-ko USA, Inc., Soft-Gel Technologies, Inc., Chemco Industries, Inc., Ronald Udell and Siva Hari (collectively, “Defendants”), alleging that Defendants infringed Plaintiffs’ United States Patents Nos. 6,485,760 (“the '760 patent”) and 6,716,459 (“the '459 patent”), and that Defendants’ United States Patent No. 6,784,206 (“the '206 patent”) is invalid. On July 13, 2007, the Court granted Defendants’ Motion for Summary Judgment as to claims of direct infringement of the '760 patent, granted Plaintiffs’ Motion to Dismiss as to claims of contributory infringement or inducement of infringement against Defendants with respect to the '760 patent and granted Plaintiffs’ Motion to Dismiss as to the declaratory relief claim for the '209 patent.

On July 24, 2007, Defendants filed a motion for summary judgment that the '459 patent is invalid for failure to comply with the enablement requirement of…