Hale Propeller v. Ryan Marine Products Pty.

• Citation: 151 F.Supp.2d 183
• Decision Date: 24 July 2001
• Docket Number: No. 3:98 CV 1248(GLG).,3:98 CV 1248(GLG).
• Court: U.S. District Court — District of Connecticut
• Parties: HALE PROPELLER, L.L.C., Plaintiff/Counter-Defendant, v. RYAN MARINE PRODUCTS PTY., LTD., et al., Defendants/Counter-Plaintiffs/Third-Party Plaintiffs, v. Michigan Wheel Corp., et al., Third-party Defendants.

151 F.Supp.2d 183

HALE PROPELLER, L.L.C., Plaintiff/Counter-Defendant, v. RYAN MARINE PRODUCTS PTY., LTD., et al., Defendants/Counter-Plaintiffs/Third-Party Plaintiffs, v. Michigan Wheel Corp., et al., Third-party Defendants.

No. 3:98 CV 1248(GLG).

United States District Court, D. Connecticut.

July 24, 2001.

COPYRIGHT MATERIAL OMITTED

Ajay A. Jagtiani, Jagtiani & Associates, Fairfax, VA, Kenneth J. Nunnenkamp, Patton Boggs, LLP, McLean, VA, for Plaintiff/Counter-Defendant.

Kathleen M. Paralusz, Reed Smith Shaw & McClay, Washington, DC, Paul D. Bangor, Jr., Reed, Smith, Shaw & McClay, Pittsburgh, PA, John R. Erikson, Reed, Smith, Shaw & McClay, McLean, VA, Stanley P. Fisher, Mark W. Wasserman, Reed, Smith, Hazel & Thomas, Falls Church, VA, Eric E. Grondahl, Cummings & Lockwood, Hartford, CT, Stephen Edward Noona, Kaufman & Canoles, P.C., Norfolk, VA, Barry C. Kane, S. Grace Davis, Miller, Johnson, Snell & Cummiskey, PLC, Grand Rapids, MI, Richard R. Michaud, William Tucker Griffith, McCormick, Paulding & Huber, Hartford, CT, Joseph S. Kentoffio, Mark D. Giarrantana, Cummings & Lockwood, Hartford, CT, John C. Linderman, McCormick, Paulding & Huber, Hartford, CT, Maria S. Spalding, Christopher Brigham, Updike, Kelly & Spellacy, P.C., New Haven, CT, Jon R. Muth, S. Grace Davis, Miller, Johnson, Snell & Cummiskey, PLC, Grand Rapids, MI, for Defendants/Counter-Plaintiffs/Third-Party Plaintiffs.

OPINION

GOETTEL, District Judge.

This patent dispute concerns devices that measure the pitch of propeller blades. Plaintiff Hale Propeller L.L.C. ("Hale"), the alleged infringer, filed a motion for construction of claims 1 and 6 of U.S. Patent No. 4,411,073 ("the '073 patent"), which is held by Defendant Ryan Marine Products Pty., Ltd. ("Ryan Marine"). Hale concurrently filed a motion for summary judgment of non-infringement of the '073 patent. Third-party Defendant Michigan Wheel Corporation, the exclusive North American distributor of Hale's device, joined in Hale's motions and filed its own motion for summary judgment of patent invalidity, in which Hale joined. The Court held oral argument on the three motions on May 31, 2001.

For the reasons set forth below, the Court GRANTS the motion for claims construction [Doc. # 134] and construes the disputed claims. In addition, we GRANT Hale's motion for summary judgment of non-infringement [Doc. # 131] and DENY Michigan Wheel's motion for summary judgment of patent invalidity [Doc. # 130].

BACKGROUND

On October 25, 1983, the U.S. Patent and Trademark Office ("PTO") issued the '073 patent for "an instrument for measuring the pitch of propeller blades" to Defendant Terence J. Ryan ("Ryan"), an Australian citizen. Ryan assigned the patent on May 21, 1998 to Ryan Marine, an Australian corporation which employs Ryan and in which he is the chief shareholder and managing director. On June 12, 1998, Ryan Marine brought an action in the Eastern District of Virginia for willful infringement against Hale and its owners, Randall Hale, Jr. and Randall Hale, III. On July 1, 1998, Hale filed this action against Ryan, Ryan Marine, and two other business entities substantially owned and controlled by Ryan, Propeller Dynamics Pty. Ltd. of Australia and Propeller Dynamics, Inc. of Maryland, seeking a declaratory judgment of non-infringement, invalidity, and unenforceability of the '073 patent. Hale also asserted claims of unfair competition, tortious interference with contract, violation of the Lanham Act, and antitrust violation. The two actions were consolidated on December 29, 1998, after Ryan Marine's action was transferred to this District on October 27, 1998. The Court has original jurisdiction over this patent dispute pursuant to 28 U.S.C. § 1338.

Summary Judgment Standard

A motion for summary judgment may not be granted unless the Court determines that there is no genuine issue of material fact to be tried and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). The burden of demonstrating the absence of a genuine dispute as to a material facts rests with the moving party. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). In assessing the record to determine whether any genuine issues of material fact exist, this Court is required to resolve all ambiguities and draw all permissible factual inferences in favor of the non-moving party. See Skubel v. Fuoroli, 113 F.3d 330, 334 (2d Cir.1997); Heilweil v. Mount Sinai Hosp., 32 F.3d 718, 721 (2d Cir.1994). The moving party may obtain summary judgment by showing that little or no evidence may be found in the record in support of the nonmoving party's case. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The non-moving party bears the burden of coming forward with sufficient evidence to negate the movant's position and to show the existence of genuine issues of material fact. Biotec Biologische Naturverpackungen GmbH & Co. KG v. Biocorp, Inc., 249 F.3d 1341, 1353 (Fed. Cir.2001). Bald allegations and conclusory statements devoid of support in the record are insufficient to meet the non-movant's burden of production necessary to withstand summary judgment. See id. "It is not the trial judge's burden to search through lengthy technologic documents for possible evidence." Id. "The party opposing the [summary judgment] motion must point to an evidentiary conflict created on the record at least by a counter statement of a fact or facts set forth in detail in an affidavit by a knowledgeable affiant." Barmag Barmer Maschinenfabrik AG v. Murata Mach., Ltd., 731 F.2d 831, 836 (Fed.Cir.1984).

Suits for patent infringement typically raise numerous and complex fact issues that make them inappropriate for summary disposition. Chore-Time Equip., Inc. v. Cumberland Corp., 713 F.2d 774, 778 (Fed.Cir.1983). However, when no rational jury could find in favor of the nonmoving party because the evidence in support of its case is so slight, no genuine issue of material fact exists and the grant of summary judgment is proper. See id. at 778-79; Heilweil, 32 F.3d at 721; Biotec, 249 F.3d at 1353.

Ryan Marine, in its Local Rule 9(c)(2) statement, denied almost all of the factual statements proffered by Hale in its Local Rule 9(c)(1) statement, while concurrently denying the existence of any genuine issues of material fact for trial. Unless Ryan Marine means that none of the disputed facts are material to this proceeding, its statement is inherently inconsistent. To the extent Ryan Marine has failed to support its position with evidence, we deem Hale's facts admitted based on Ryan Marine's failure to comply with the District Court's Local Rules of Civil Procedure. See D. Conn. Loc. R. Civ. P. 9(c). In accordance with Rule 56(c) of the Federal Rules of Civil Procedure, the Court has gleaned the undisputed facts from the parties' pleadings, depositions, answers to interrogatories, admissions on file, affidavits, and exhibits. In so doing, we have construed the facts in the light most favorable to Ryan Marine, the non-moving party.

The '073 Patent

The '073 patent includes one independent claim (Claim 1) and eleven dependent claims. The parties dispute the proper construction of clauses b, c, and f of Claim 1, as well as dependent Claim 6. Claim 1 recites:

An instrument for measuring the pitch of a propeller blade comprising:

(a) a probe shaft mounted for axial movement;

(b) means for maintaining the probe shaft in constant contact with the propeller blade at a fixed radial distance from the center of the blade;

(c) means for providing continuous relative rotation between the probe shaft and the blade;

(d) means for determining the amount of relative angular rotation between the blade and probe shaft;

(e) means for determining the amount of axial movement of the probe shaft during the relative angular rotation; and

(f) means for providing a direct reading of the pitch of the propeller blade at the radial distance at which the probe shaft is located and over the part of the blade traversed by the probe shaft based on the amount of relative angular rotation and the axial movement of the probe shaft.

Claim 6 recites:

An instrument as claimed in claim 1 wherein the probe shaft passes through a housing and is journalled for axial movement relative thereto, a roller in the housing held against the probe shaft and caused to rotate on axial movement of the probe shaft, and means attached to the roller whereby the distance of movement of the probe shaft can be determined.

Prosecution History of the '073 patent

Ryan first filed his U.S. patent application on July 13, 1981. The application stated sixteen claims, one independent and fifteen dependent. Claim 1 recited, in part: "An instrument for measuring the pitch of a propeller blade including a probe adapted to be brought into contact with and remain in contact with the propeller blade at a fixed radial distance from the centre of the blade ...." The PTO rejected every claim in the application for a variety of reasons. In part, the patent examiner stated that the claims which taught means for "biasing" or exerting downward or inward force on the probe to maintain it in contact with the blade, or means for operating the device in such an orientation that the probe would be maintained in contact with the blade by gravity, were unpatentable as obvious modifications of prior art, specifically, the Metcalf patent.

Ryan amended his application and refiled it on October 4, 1982. He eliminated Claims 1 and 13 through 16, and added Claim 17, a new independent claim, and amended most of the remaining claims. Claim 17 replaced the dropped Claim 1, revising the language to add the word "constant" to the claim element ("means for maintaining the probe in constant contact with the propeller blade ...."), as well...