Hitachi Koki Co., Ltd. v. Kyocera Senco Industrial Tools, Inc.

Filing 190

MEMORANDUM ORDER denying 148 MOTION for Summary Judgment of No Infringement of U.S. Patent No. RE42,987. Signed by Judge Colm F. Connolly on 2/1/2021. (nmf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KOKI HOLDINGS CO., LTD.,

Plaintiff,

v.

Civil Action No. 18-313-CFC

KYOCERA SENCO INDUSTRIAL
TOOLS, INC.,

Defendant.

MEMORANDUM ORDER

Pending before me is Defendant Kyocera Senco Industrial Tools, Inc.'s
motion for summary judgment ofno infringement of U.S. Patent No. RE42,987.
D.I. 148. In its concise statement of material undisputed facts filed in support of
its motion, Kyocera states that "[t]he 'safety p01tion 12 that is mechanically
coupled to trigger 11, the safety portion 12 consisting of upper safety portion 20,
cam member 21, and lower safety portion 22' is purely mechanical and does not
include any pneumatic components." D.I. 150 ~ 2 (citations omitted). Plaintiff
Koki Holdings Co. Ltd. denies this asserted fact and cites record evidence that
appears on its face to create a genuine issue about whether mechanically coupling a
safety portion to a trigger can involve pneumatic components.

Because there is a disputed fact that Kyocera has said is material to its
motion for summary judgment, I will deny the motion. See Anderson v. Liberty

Lobby, Inc., 477 U.S. 242, 248 (1986) (holding that summary judgment will not lie
if there is a genuine dispute about a material fact).
WHEREFORE, this First day of February in 2021, Defendant's Motion for
Summary Judgment of No Infringement of U.S. Patent No. RE42,987 (D.I. 148) is

DENIED.

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