89908, INC. d/b/a AMP RESEARCH v. E-Z LOAD GATE, INC.

Filing 55

ORDER that Plaintiff 89908, Inc. d/b/a/AMP Researchs Motion for Summary Judgment of Infringement 50 is GRANTED. Signed by Judge Philip M. Pro on 12/28/10. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA -oOo) ) ) ) Plaintiff, ) ) vs. ) ) E-Z LOAD GATE, INC., a Florida ) corporation, E-Z LOAD, LLC, a Florida ) limited liability company; E-Z LOAD ) ENTERPRISES, LLC, a Florida limited ) liability company; FLOYD A. JACOBS; ) BRADLEY E. ORTHMANN; and ) STEPHEN D. EARLE, ) ) ) Defendants. ) ) 89908, INC. d/b/a AMP RESEARCH a California corporation,

2 :09-CV-02165-PMP-PAL ORDER

Before the Court for consideration is Plaintiff's Motion for Summary Judgment of Infringement (Doc. #50). Having considered Plaintiff's fully briefed motion and the arguments of counsel presented at the hearing conducted December 21, 2010, the Court finds that Plaintiff's motion should be granted. Specifically, the Court finds that there is no genuine issue of any material fact in dispute that the sale and/or offer for sale by Defendants E-Z Load Gate, Inc., E-Z Load, LLC, E-Z Load Enterprises, LLC, Lloyd A. Jacobs, Bradley E. Orthmann, and Stephen D. Earle of the EZ-8555 Ruff N' Tuff HD Bed Extender infringes Claim 16 of U.S. Patent No. 7,063,366.

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The Court further finds that Defendant E-Z Load has failed to demonstrate a genuine issue of material fact exists with respect to its defense of estoppel. IT IS THEREFORE ORDERED that Plaintiff 89908, Inc. d/b/a/AMP Research's Motion for Summary Judgment of Infringement (Doc. #50) is GRANTED. DATED: December 28, 2010.

PHILIP M. PRO United States District Judge

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