Ely Holdings Limited v. O'Keeffe's, Inc.

Good Law
United States District Court, Northern District of CaliforniaMarch 26, 20213:18-cv-06721California4,026 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ELY HOLDINGS LIMITED, et al., Case No. 18-cv-06721-JCS

Plaintiffs,

ORDER DENYING LEAVE TO FILE

v. MOTION FOR RECONSIDERATION

O’KEEFFE’S, INC., Re: Dkt. No. 220 Defendant.

I. INTRODUCTION The Court previously granted summary judgment in favor of Defendant O’Keeffe’s, Inc., d/b/a SaftiFirst (“Safti”) on Plaintiffs’ claims of patent infringement, in large part based on Plaintiffs’ failure to show that Safti’s accused product contained a layer of “fire rated glass” as claimed in the patent at issue. See Order re Mots. for Summ. J. & Mots. to Exclude Expert Testimony (“MSJ Order,” dkt. 214) at 21–27. Plaintiffs now argue that the Court erred in requiring Plaintiffs to show that the layer at issue, as opposed to an assembled flooring product as a whole, had received a fire rating. The motion is suitable for resolution without further briefing or argument. See Civ. L.R. 7-9(d). For the reasons discussed below, Plaintiffs’ motion for…

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