Nalco Co. v. Turner Designs, Inc.

ORDER DENYING TURNER’S SUMMARY JUDGMENT MOTION

Re: Dkt. Nos. 95, 100

Turner moves for summary judgment on Nalco’s patent infringement action. Nal-co’s patent, United States Patent No. 6,255,118, covers a method of testing industrial water systems. The Court must determine if a triable issue of material fact exists as to the following issues: (1) whether Turner induced third parties to infringe Nalco’s patent, (2) whether Turner can be found liable for contributory infringement, and (3) whether Nalco’s patent is invalid due to obviousness. Nalco alleges that Turner sells a device known as the Little Dipper to customers, the use of which infringes Nalco’s patented process. The most significant issue in this motion is whether or not end users that purchased the Little Dipper directed or controlled certain water treatment companies to perform steps of the patent’s claimed method. Without evidence of direction or control by the end user, Nalco’s inducement and contributory infringement claims cannot survive.

Because a reasonable jury could find that the nature of the relationship between the end user and the water treatment company establishes the element of direction or control,…