freal Foods LLC et al v. Hamilton Beach Brands, Inc. et al

Filing 243

MEMORANDUM ORDER re 177 MOTION for Partial Summary Judgment of Non-Infringement and Invalidity filed by Hamilton Beach Brands, Inc., Hershey Creamery Company. IT IS HEREBY ORDERED that Defendants' motion for summary judgment of noninfringement of U.S. Patent No. 5,803,377 is DENIED. Signed by Judge Colm F. Connolly on 4/15/2019. (fms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
F'REAL FOODS, LLC and
RICH PRODUCTS
CORPORATION,
Plaintiffs,
Civil Action No. 16-41-CFC

V.

HAMILTON BEACH
BRANDS, INC. and HERSHEY :
CREAMERY COMPANY,
Defendants.:

MEMORANDUM ORDER
Defendants have filed a motion for summary judgment. D.I. 177. They
asserted five independent grounds for the motion. (The motion is really five
different motions and Defendants should have filed five motions.) Having
reviewed the briefing filed by the parties in support and opposition to D.I. 177 and
heard oral argument, and mindful of the fast-approaching trial date, I will address
in this Memorandum Order Defendants' motion insofar as it seeks summary
judgment of noninfringement of U.S. Patent No. 5,803,377. Because it appears
that there may be genuine issues of material fact about whether the MI C2000
blender "grind[ s]" or "shav[es]" Hershey's ice cream and whether it has a "slim
cross-sectional profile," see, e.g., D.I. 200 at ,r,r 3, 4, 5, 6, 8, I will deny the

motion. See Fed. R. Civ. P. 56(a) ("The court shall grant summary judgment if 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."); Celotex Corp. v. Catrett, 4 77
U.S. 317,323 (1986) ("[T]he party moving for summary judgment ... bears the
burden of demonstrating the absence of any genuine issues of material fact.").
WHEREFORE, on this Fifteenth day of April in 2019, IT IS HEREBY
ORDERED that Defendants' motion for summary judgment ofnoninfringement

of U.S. Patent No. 5,803,377 is DENIED.
IT IS SO ORDERED.

S DISTRICT JUDGE

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