The Gillette Company v. Dollar Shave Club, Inc.

Filing 755

MEMORANDUM ORDER re 754 Joint Letter to the Honorable Leonard P. Stark from Rodger D. Smith II regarding Joint Status Report. Signed by Judge Leonard P. Stark on 3/22/2019. (etg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

THE GILLETTE COMPANY LLC,

Plaintiff,
C.A. No. 15-1158-LPS-CJB

V.

DOLLAR SHAVE CLUB,INC., et al..
Defendants.

MEMORANDUM ORDER

Having reviewed the parties' proposals (D.I. 754),IT IS HEREBY ORDERED that the
Court will provide the following preliminary instruction, as well as an appropriate final jury
instruction:

The asserted claims of the '513 Patent require, among other things, a hard

coating layer and an overcoat layer. The hard coating and overcoat must be

separate layers. However,the hard coating and overcoat layers need not have
compositional differences, nor need they be formed by a change in deposition
process.

In determining whether the accused products or prior art satisfy these layer
limitations, you may consider a variety of factors, including but not limited to: the

morphology or structure ofthe layer(s), the presence of a boundary between
layers, whether the process used to make the product is expected to result in one
or more layers, and whether there is a sufficient change in composition or
morphology as to result in one or more layers.

Ultimately, it is for you to determine how many layers the accused
products or any prior art embodiments or reference contain.

March 22. 2019

HONORABLE LEONARD P. STARK

Wilmington, Delaware

UNITED STATES DISTRICT JUDGE