Motion for Summary Judgment of No Willful Infringement

A somewhat common summary judgment motion late in patent cases is one that seeks summary judgment as to the plaintiff’s claims of willful infringement. This case provides a useful example of a ruling on such a motion which is, at least in part, aptly summarized by Collin’s shirt – “I Can Only Please One Person Each Day – Today’s Not Your Day (Tomorrow doesn’t look good either)”. Behind Collin is one of the Rose windows at Notre Dame de Paris, which we learned earlier today … are still standing.

Motion for Summary Judgment Granted

Patents make it to the market in many different ways. In this case, the inventor/IP owner created a product embodying the IP from the patent and licensed the trademark and distribution rights for the product to another company. Both (now plaintiffs) then entered into an exclusive management agreement with two other companies (now the defendants) to market and sell the product. That agreement also contained a promise by the defendants to buy certain product from the plaintiff. An issue in the case was whether the plaintiffs were obligated to fulfill contracts between the defendants and their distributors including agreements with a distributor affiliated with the defendants.