CertainTeed Gypsum, Inc. v. Pacific Coast Building Products, Inc.

I. BACKGROUND

27 1 A. Factual Background 1 Plaintiff CertainTeed is a Delaware corporation with its corporate headquarters in 2 Pennsylvania. Compl. at ¶ 10. Defendant Pacific Coast is a California corporation with its 3 principle place of business in California. Id. at ¶ 11. Defendant PABCO is a Nevada limited 4 liability company with its principle place of business in California. Id. at ¶ 12. 5 Defendant PABCO manufactures drywall products. Opp. at 3. CertainTeed Gypsum 6 Manufacturing, Inc (“CGM”), a corporate sibling of CertainTeed, also manufactures drywall 7 products and sells them to related corporate entities, including CertainTeed. CertainTeed then 8 sells these products to the public. 9 Pacific Coast is the owner of two patents that are at the center of this dispute: U.S. Patent 10 No. 10,125,492 (“the ’492 patent”) and U.S. Patent No. 10,132,076 (“the ’076 patent”). Compl. at 11 ¶ 13. PABCO is the exclusive licensee of both patents. Id. at ¶ 14. The parent patent to both 12 patents is U.S. Patent No. 9,388,568 (“the ‘568 patent”). Id. at ¶ 31; Opp. at 3. According to 13 Plaintiff, “[t]he application that issued as the ‘492 patent purports to be a…