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

Filing 352

MEMORANDUM ORDER denying 297 MOTION for New Trial Defendants' Motion for New Trial on Invalidity of the '150, '662, and '658 Patents. Signed by Judge Colm F. Connolly on 4/29/2020. (nmf)

Case 1:16-cv-00041-CFC Document 352 Filed 04/29/20 Page 1 of 2 PageID #: 15154

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELA WARE
F'REAL FOODS, LLC and RICH
PRODUCTS CORPORATION,

Plaintiff,
Civil Action No. 16-41-CFC
V.

HAMILTON BEACH BRANDS,
INC. and HERSHEY CREAMERY
COMPANY,

Defendant.

MEMORANDUM ORDER
Pending before me is Defendants' Motion for New Trial on Invalidity of the
'150, '662, and '658 Patents (D.I. 297). Defendants argue that a new trial on
invalidity is warranted because the Court improperly excluded from evidence the
Japanese Utility Model No. H04-136787U ("Sato") prior art reference. D.I. 298 at
35. Defendants, however, do not explain why the Court erred in excluding Sato.

See D.I. 298 at 35; D.I. 337 at 17. Defendants' only argument on why the Court
should not have excluded Sato is a single conclusory sentence that states: "The
Court erred in excluding Sato, which is a 'printed publication' under 35 U.S.C. §
102(b)." D.I. 298 at 35. Because Defendants have failed to explain why I should

Case 1:16-cv-00041-CFC Document 352 Filed 04/29/20 Page 2 of 2 PageID #: 15155

not have excluded Sato, I stand by the rationale for exclusion I articulated at the
pretrial conference and deny Defendants' request for a new trial on invalidity.
WHEREFORE, this 29th day of April 2020, Defendants' Motion for New
Trial on Invalidity of the' 150, '662, and '658 Patents (D.I. 297) is DENIED.

CT JUDGE

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