DORMAN PRODUCTS, INC. v. PACCAR, INC.
Filing
153
ORDER THAT DORMAN'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. PACCAR'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. DORMAN'S DAUBERT MOTION IS GRANTED IN PART AND DENIED IN PART. THE PART OF DORMAN'S MOTION THAT SEEKS TO EXCLUDE TESTIMONY OF JOHN D. BLUMENSTEIN IS GRANTED IN PART AND DENIED IN PART. PACCAR'S DAUBERT MOTION TO EXCLUDE THE TESTIMONY OF MICHAEL NRANIAN IS GRANTED IN PART, DENIED IN PART AS MOOT, DENIED IN PART.. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/22/2016. 8/23/2016 ENTERED AND COPIES E-MAILED.(kp, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DORMAN PRODUCTS, INC.,
Plaintiff,
CIVIL ACTION
v.
PACCAR, INC.,
NO. 13-6383
Defendant.
ORDER
AND NOW, this 22nd day of August, 2016, upon consideration of plaintiff Dorman
Products, Inc.’s (“Dorman”) Motion for Summary Judgment (Doc. No. 118, filed April 29,
2016), Dorman’s Daubert Motion (Doc. No. 119, filed April 29, 2016), defendant PACCAR,
Inc.’s (“PACCAR”) Motion to Exclude (Doc. No. 120, filed May 2, 2016), PACCAR’s Motion
for Summary Judgment (Doc. No. 121, filed May 2, 2016), PACCAR’s Response to Dorman’s
Daubert Motion (Doc. No. 125, filed June 3, 2016), Dorman’s Motion to Exclude the
Declaration of John D. Blumenstein (Doc. No. 126, filed June 3, 2016), Dorman’s Response to
PACCAR’s Motion to Exclude (Doc. No. 127, filed June 3, 2016), PACCAR’s Response to
Dorman’s Motion for Summary Judgment (Doc. No. 128, filed June 3, 2016), Dorman’s
Response to PACCAR’s Motion for Summary Judgment (Doc. No. 129, filed June 3, 2016),
PACCAR’s Reply in Support of its Motion for Summary Judgment (Doc. No. 131, filed June 17,
2016), PACCAR’s Response to Dorman’s Motion to Exclude the Declaration of John D.
Blumenstein (Doc. No. 133, filed June 17, 2016), Dorman’s Reply in Support of its Motion for
Summary Judgment (Doc. No. 135, filed June 17, 2016), Dorman’s Reply in Support of its
Daubert Motion (Doc. No. 138, filed June 17, 2016), PACCAR’s Reply in Support of its Motion
to Exclude (Doc. No. 140, filed June 17, 2016), Dorman’s Brief on Medicines Co. v. Hospira
(Doc. No. 143, filed July 22, 2016), PACCAR’s Brief on Medicines Co. v. Hospira (Doc. No.
144, filed July 22, 2016), Dorman’s Brief on Admissibility of Third-Party On-Sale Bar
Documents (Doc. No. 147, filed August 5, 2016), and PACCAR’s Brief on Inadmissibility of
Third-Party On-Sale Bar Documents (Doc. No. 148, filed August 5, 2016), following oral
argument on August 1, 2016, for the reasons set forth in the accompanying Memorandum dated
August 22, 2016, IT IS ORDERED as follows:
1.
Dorman’s Motion for Summary Judgment is GRANTED IN PART and
DENIED IN PART, as follows:
a.
Dorman’s Motion for Summary Judgment that U.S. Design Patents Nos.
426,905 (“the ‘905 patent”), 525,731 (“the ‘731 patent”), and 526,429 (“the ‘429 patent”) are
invalid on the ground of the on-sale bar under 35 U.S.C. § 102(b) is DENIED.
b.
Dorman’s Motion for Summary Judgment that the ‘429 patent is invalid
on the ground of the public disclosure bar under 35 U.S.C. § 102(b) is DENIED.
c.
Dorman’s Motion for Summary Judgment on the ground that Dorman Part
No. 888-5403 does not infringe the ‘731 patent due to a disavowal of scope during prosecution is
DENIED.
d.
Dorman’s Motion for Summary Judgment on the ground that PACCAR’s
claims for willful infringement fail as a matter of law is GRANTED;
2.
PACCAR’s Motion for Summary Judgment is GRANTED IN PART and
DENIED IN PART, as follows:
a.
PACCAR’s Motion for Summary Judgment on Dorman’s affirmative
defense of invalidity of the ‘905 patent, the ‘731 patent, and the ‘429 patent based on the on-sale
bar under 35 U.S.C. § 102(b) is GRANTED.
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b.
PACCAR’s Motion for Summary Judgment on the ground that the
accused Dorman products infringe the ‘905 patent, the ‘731 patent, and the ‘429 patent is
DENIED.
c.
PACCAR’s Motion for Summary Judgment on the ground that Dorman’s
business tort claims fail as a matter of law is GRANTED;
3.
Dorman’s Daubert Motion is GRANTED IN PART and DENIED IN PART, as
follows:
a.
That part of Dorman’s Motion that seeks to exclude the expert testimony
of Cooper Woodring is GRANTED.
b.
That part of Dorman’s Motion that seeks to exclude the expert testimony
of Michael Wagner is DENIED.
c.
That part of Dorman’s Motion that seeks to exclude the testimony of John
D. Blumenstein is GRANTED IN PART and DENIED IN PART. Mr. Blumenstein may testify
regarding practice and procedure in the prosecution of design patents before the United States
Patent and Trademark Office. He also may, to the extent that he is qualified as an expert, offer an
expert opinion on the significance of the lines and hashing in the patent figures or other relevant
matters. The Motion is GRANTED in all other respects. Specifically, Mr. Blumenstein may not
testify to his subjective belief or intent regarding the scope of the patents in suit based on his
experience as the illustrator of the patents;
4.
PACCAR’s Daubert Motion to exclude the testimony of Michael Nranian is
GRANTED IN PART, DENIED IN PART AS MOOT, and DENIED IN PART. Mr. Nranian
may not testify regarding whether the 2004 PACCAR dealer meeting was open to the public.
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That part of PACCAR’s Daubert Motion that seeks to exclude Mr. Nranian’s opinions on the onsale bar is DENIED AS MOOT. PACCAR’s Daubert Motion is DENIED in all other respects.
IT IS FURTHER ORDERED that a telephone conference for the purpose of scheduling
further proceedings will be conducted in due course.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.
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