G3 Genuine Guide Gear, Inc. v. Marker Deutschland GmbH
MINUTE ORDER denying defendants' 35 Motion for summary judgment and granting plaintiff's 49 Cross motion for partial summary judgment. Authorized by Judge Thomas S. Zilly. (PM)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
G3 GENUINE GUIDE GEAR INC.,
MARKER DEUTSCHLAND GMBH,
The following Minute Order is made by direction of the Court, the Honorable
14 Thomas S. Zilly, United States District Judge:
Defendants’ motion for summary judgment, docket no. 35, is DENIED, and
plaintiff’s cross-motion for partial summary judgment, docket no. 49, is GRANTED.
The Court concludes, as a matter of law, that independent Claim 1 and dependent
Claim 37 of U.S. Patent No. 8,746,728 B2 (“the ’728 Patent”) are not anticipated by
French Patent No. 2,613,949, which was issued to Raymond Durfort and Roger Brard.
The Court will enter a separate order setting forth its reasoning concerning the
anticipation defense. With regard to whether Claim 35 of the ’728 Patent is invalid on
the basis of obviousness,1 and whether plaintiff would be entitled to increased or treble
damages on the ground of willful infringement, the Court is persuaded that genuine
disputes of material fact preclude summary judgment. See Fed. R. Civ. P. 56(a).
Plaintiff’s related motion to strike, docket no. 57-1, portions of defendants’ reply brief and two
22 declarations submitted therewith is DENIED.
MINUTE ORDER - 1
The Clerk is directed to send a copy of this Minute Order to all counsel of
Dated this 9th day of May, 2017.
William M. McCool
MINUTE ORDER - 2
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