G3 Genuine Guide Gear, Inc. v. Marker Deutschland GmbH

Filing 64

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)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 G3 GENUINE GUIDE GEAR INC., Plaintiff, 9 C15-561 TSZ v. 10 MARKER DEUTSCHLAND GMBH, et al., 11 MINUTE ORDER 12 Defendants. 13 The following Minute Order is made by direction of the Court, the Honorable 14 Thomas S. Zilly, United States District Judge: 15 16 17 18 19 (1) 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). 20 21 1 Plaintiff’s related motion to strike, docket no. 57-1, portions of defendants’ reply brief and two 22 declarations submitted therewith is DENIED. 23 MINUTE ORDER - 1 1 (2) record. The Clerk is directed to send a copy of this Minute Order to all counsel of 2 Dated this 9th day of May, 2017. 3 William M. McCool Clerk 4 5 s/Karen Dews Deputy Clerk 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 MINUTE ORDER - 2

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