Summer Infant (USA), Inc. v. TOMY International, Inc.

Filing 68

ORDER: The Court ADOPTS in its entirety the Report and Recommendation (ECF No. 54 ). TOMYs motion (ECF No. 34 ) is GRANTED in part and DENIED in part. The constructions recommended by the Magistrate in the R&R at p. 21, are adopted - So Ordered by District Judge Mary S. McElroy on 3/31/2020. (Urizandi, Nisshy)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND

SUMMER INFANT (USA), Inc.
Plaintiff/Counter Defendant
v.
TOMY INTERNATIONAL, Inc.
Defendant/Counter Claimant

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C.A. No. 1:17-cv-00549-MSM-PAS

MEMORANDUM AND ORDER
This matter is before the Court on the objections of both the plaintiff (ECF No.
56) and the defendant (ECF No. 55) to the Report and Recommendation of Magistrate
Patricia Sullivan (“R & R”, ECF 54) respecting the Motion for Claim Construction
filed by TOMY, Inc. (ECF No. 34). While there were initially six disputed terms, the
parties resolved two. (R & R at 2.)
Both corporations construct, market and sell infant/toddler bathing tubs.
TOMY holds U.S. Patent No. 6,578,209, titled “Tubs for Bathing Infants and
Toddlers,” issued on June 17, 2003. On November 14, 2017, TOMY sent Summer
Infant a cease and desist letter asserting patent infringement. The Motion for Claim
Construction involves definitional meanings relevant to whether Summer Infant’s
tub is sufficiently similar to TOMY’s to constitute patent infringement. The four
terms allegedly requiring construction are “molded plastic body,” “seating surface(s),”
“distal edges joined at a bottom surface apex,” and “wale.” (R & R, ECF No. 54 at 3.)

I have reviewed the Magistrate’s R & R, read and considered the submissions
of the parties, held a hearing on the objections, and independently reviewed the
record.

The Magistrate’s analysis is a painstaking, thorough and deliberative

analysis of the exhibits, the arguments, and the relevant law. I therefore ADOPT it
in its entirety. TOMY’s motion (ECF No. 34) is GRANTED in part and DENIED in
part. The constructions recommended by the Magistrate in the R & R at p. 21, are
adopted.

SO ORDERED:

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Mary S. McElroy
United States District Judge
March 31, 2020