EcoServices, LLC v. Certified Aviation Servs., LLC

B. Procedural Background

Plaintiff filed its Complaint [1] against Defendant on April 22, 2016 in the Southern District of Florida alleging infringement of the '262 and '860 Patents (the "Asserted Patents"). Defendant filed its Answer and Counterclaim on June 20, 2016 seeking a declaration of non-infringement of the Asserted Patents as well as a declaration of invalidity of the Asserted Patents.

Defendant filed a Motion to Transfer Venue [25] to this Court on July 22, 2016, which was granted on August 22, 2016 [29].

This Court held a Markman hearing on May 9, 2017 and issued its Order re Claim Construction of Disputed Terms [80] on May 18, 2017.

Defendant filed the Kushnick Motion on March 30, 2018 and its other two Motions on March 31, 2018. Plaintiff timely opposed, and Defendant timely replied.

II. DISCUSSION

A. Legal Standard

Federal Rule of Civil Procedure 56(a) states that a "court shall grant summary judgment" when "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." A fact is "material" for purposes of summary judgment if it might affect the outcome of the suit, and a "genuine" issue…