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

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

CERTAINTEED GYPSUM, INC., Case No. 19-CV-00802-LHK

Plaintiff,

ORDER CONSTRUING DISPUTED

TERMS OF PATENT NOS. 10,125,492

v.

AND 10,132,076 AND CORRECTING

TERM OF PATENT NO. 10,132,076

PACIFIC COAST BUILDING PRODUCTS, INC. and PABCO BUILDING PRODUCTS, LLC, Defendants. 18 Plaintiff CertainTeed Gypsum, Inc. (“CertainTeed” or “Plaintiff”) brings the instant case 19 seeking a declaratory judgment that two patents owned by Defendant Pacific Coast and Building 20 Products Inc. (“Pacific Coast”) are unenforceable due to inequitable conduct and that Plaintiff has 21 not infringed those patents. ECF No. 1 (“Compl.”). Defendant Pacific Coast and Defendant 22 PABCO Building Products, LLC (“PABCO”) (collectively, “Defendants”) counterclaimed patent 23 infringement. ECF No. 68. Plaintiff then counterclaimed invalidity. ECF No. 87. 24 The parties now seek construction of two related terms, “inner surface” and “inner unclad 25 surface,” used in the claims of the following…