Choon's Design LLC v. Tristar Products, Inc.

Filing 185

ORDER: (1) Reopening Case; (2) Lifting Stay; (3) Dismissing Plaintiff's Claims for Infringement of the '565 Patent; and (4) Setting Summary Judgment Briefing Schedule. Signed by District Judge Victoria A. Roberts. (see image for details and dates) (LVer)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTICT OF MICHIGAN
SOUTHERN DIVISION
CHOON’S DESIGN INC.,
Plaintiff,

Case No. 14-10848
Honorable Victoria A. Roberts

v.
TRISTAR PRODUCTS, INC.,
Defendant.
___________________________/
ORDER: (1) REOPENING CASE; (2) LIFTING
STAY; (3) DISMISSING PLAINTIFF’S CLAIMS
FOR INFRINGEMENT OF THE ‘565 PATENT; and
(4) SETTING SUMMARY JUDGMENT BRIEFING SCHEDULE
On July 13, 2018, the Court entered an order staying this case and
administratively closing it pending the Federal Circuit appeal in a parallel
infringement action, Choon’s Design, LLC v. Idea Village Prod. Corp., No.
13-13568 (E.D. Mich.) (Michelson, J.).
On August 14, 2019, the parties filed a Joint Notice informing the
Court that the Federal Circuit issued a final decision in Idea Village – see
Choon's Design, LLC v. Idea Vill. Prod. Corp., 776 Fed. Appx. 691 (Fed.
Cir. 2019). They ask the Court to reopen the case and lift the stay.
The parties also informed the Court that the Federal Circuit’s decision
in Idea Village forecloses Plaintiff’s claims based on its ‘565 patent.

Finally, Defendant says that the Idea Village decision and other
recent Federal Circuit authority entitles it to summary judgment on
Plaintiff’s remaining claims under the ‘420 and ‘441 patents. It requests to
file a second summary judgment motion.
The Court: (1) REOPENS this case; (2) LIFTS the stay; (3)
DISMISSES Plaintiff’s remaining claims for infringement of the ‘565 patent;
and (4) GRANTS Defendant’s request to file a second summary judgment
motion regarding the ‘420 and ‘441 patents.
Defendant must file its motion by December 16, 2019. Plaintiff’s
response is due January 23, 2020. Defendant’s reply is due February 6,
2020. The motion and briefs must comply with the Local Rules and this
Court’s practice guidelines and requirements for filing summary judgment
motions [see ECF No. 84, PageID. 3154-55, 3157]. The parties must stay
within the page limits for briefs set forth in the Local Rules. The Court will
not grant any request for excess pages.
IT IS ORDERED.
s/ Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: November 12, 2019

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