Meridian Mfg., Inc. v. C&B Mfg., Inc.
| Citation | 296 F.Supp.3d 1062 |
| Decision Date | 27 October 2017 |
| Docket Number | No. C15–4238–LTS,C15–4238–LTS |
| Parties | MERIDIAN MANUFACTURING, INC., Plaintiff, v. C & B MANUFACTURING, INC., d/b/a HitchDoc, Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
Christine Lebron–Dykeman, Jonathan Lee Kennedy, R. Scott Johnson, Nicholas Krob, McKee Voorhees & Sease PLC, Des Moines, IA, for Plaintiff.
Jay Elliott Denne, Munger Reinschmidt & Denne, Sander J. Morehead, Tim R. Shattuck, Woods Fuller Schutlz & Smith PC, Sioux City, IA, for Defendant.
This patent case is before me on (1) a motion (Doc. No. 55) for summary judgment of noninfringement filed by defendant C & B Manufacturing, Inc. (HitchDoc), and (2) a motion (Doc. No. 56) for summary judgment of infringement filed by plaintiff Meridian Manufacturing Inc. (Meridian). Both parties filed resistances (Doc. Nos. 63, 64) and subsequent replies (Doc. Nos. 67, 72).
Meridian holds United States Patent No. 6,964,551 B1 ('551 patent), which involves component claims for an agricultural trailer. In its complaint (Doc. No. 2), Meridian alleges that HitchDoc is a competitor that makes agricultural equipment, including trailers that infringe on the '551 Patent. On June 9, 2017, after conducting a Markman hearing, I filed a memorandum opinion and order (Doc. No. 52) in which I construed certain claims contained in the '551 patent (the Markman order). The parties then filed their motions for summary judgment.
I heard oral arguments on both motions on October 20, 2017. Counsel for both parties were well-prepared and presented arguments that were exceptionally helpful. The motions are now ready for decision.
The '551 Patent, entitled "Trailer for Transporting Bulk Seed Boxes," is depicted in Figure 1:
The invention is designed to help farmers transport large seed bags or boxes to planters in the fields. Typically, farmers must use a forklift to load the boxes onto the trailer and then use a motorized mechanism (such as an auger) attached to the trailer to remove the seeds from those boxes and ultimately deposit them into the planter.
Doc. No. 31 at 7–8. Claim 1, which is the only independent claim at issue, is at the heart of the infringement claim, particularly with regard to its description of guide plates that "inclin[e] upwardly and outwardly from the perimeter edge of the bed to facilitate centering of the box on the bed." Id. at 7. An example of a Meridian guide plate is circled in Figure 2, with a close up image of a portion of the plate shown in Figure 3:
HitchDoc's Travis Seed Cart has box guides for the purpose of facilitating the deposit of seed boxes onto the trailer. These box guides extend vertically for about five inches before extending upwardly and outwardly at a 30 degree angle, as seen in this rough approximation in Figure 4:
Neither party disputes the physical attributes of HitchDoc's box guide. The parties do dispute whether HitchDoc's box guides infringe the '551 patent by "inclin[ing] upwardly and outwardly from the perimeter edge of the bed."
Gary Friesen is the patentee of the '551 patent. His original application claimed a trailer with guide plates extending "upwardly and outwardly." Doc. No. 52 at 6. In 2002, that application was rejected due to prior art, Patent No. 6,092,974 (the Roth patent). Id. The rejection prompted Friesen to amend his patent claim to state, in relevant part, that the guide plates "inclin[e] upwardly and outwardly from the bed." Id. at 8. This amendment distinguished Friesen's invention from Roth because the Roth plates extended straight upwardly. Id. ; Doc. No. 31–3 at 7–8.
The application as amended was rejected because of both Roth and Patent No. 1,675,701 (the Fitch patent). Id. at 9. The Fitch patent is pictured in Figure 5.
The examiner stated that the corner brackets in the Fitch patent met claim 1's limitation in the amended '551 patent application. Id. at 10. The examiner described the brackets in the Fitch patent as having "inner surfaces which incline upwardly and outwardly from the bed." Id. at 10; Doc. No. 31–4 at 3.
The Board of Patent Appeals and Interferences (Board) overturned the examiner's rejection. Doc. No. 52 at 11. The Board stated that the brackets at issue in the Fitch patent did not incline upwardly and outwardly from the perimeter edge of the bed. Doc. No. 52 at 11–12. Instead, the brackets only had inclined walls within the perimeter edge of the bed. Id. ; Doc. No. 31–9 at 17–18. Friesen was thus issued the '551 patent that is now owned by Meridian and is the subject of this action.
Any party may move for summary judgment regarding all or any part of the claims asserted in a case. Fed. R. Civ. P. 56(a). Summary judgment is appropriate when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law." Celotex Corp. v. Catrett , 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
A material fact is one that " 'might affect the outcome of the suit under the governing law.' " Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Thus, "the substantive law will identify which facts are material." Id. Facts that are "critical" under the substantive law are material, while facts that are "irrelevant or unnecessary" are not. Id.
An issue of material fact is genuine if it has a real basis in the record, Hartnagel v. Norman , 953 F.2d 394, 395 (8th Cir. 1992) (citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 586–87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) ), or when " 'a reasonable jury could return a verdict for the nonmoving party' on the question." Woods v. DaimlerChrysler Corp. , 409 F.3d 984, 990 (8th Cir. 2005) (quoting Anderson , 477 U.S. at 248, 106 S.Ct. 2505 ). Evidence that only provides "some metaphysical doubt as to the material facts," Matsushita , 475 U.S. at 586, 106 S.Ct. 1348, or evidence that is "merely colorable" or "not significantly probative," Anderson , 477 U.S. at 249–50, 106 S.Ct. 2505, does not make an issue of material fact genuine.
As such, a genuine issue of material fact requires "sufficient evidence supporting the claimed factual dispute" so as to "require a jury or judge to resolve the parties' differing versions of the truth at trial." Anderson , 477 U.S. at 248–49, 106 S.Ct. 2505. The party moving for entry of summary judgment bears "the initial responsibility of informing the court of the basis for its motion and identifying those portions of the record which show a lack of a genuine issue." Hartnagel , 953 F.2d at 395 (citing Celotex , 477 U.S. at 323, 106 S.Ct. 2548 ). Once the moving party has met this burden, the nonmoving party must go beyond the pleadings and by depositions, affidavits, or otherwise, designate specific facts showing that there is a genuine issue for trial. Mosley v. City of Northwoods , 415 F.3d 908, 910 (8th Cir. 2005). The nonmovant must show an alleged issue of fact is genuine and material as it relates to the substantive law. If a party fails to make a sufficient showing of an essential element of a claim or defense with respect to which that party has the burden of proof, then the opposing party is entitled to judgment as a matter of law. Celotex , 477 U.S. at 322, 106 S.Ct. 2548.
In determining if a genuine issue of material fact is present, I must view the evidence in the light most favorable to the nonmoving party. Matsushita , 475 U.S. at 587–88, 106 S.Ct. 1348. Further, I must give the nonmoving party the benefit of all reasonable inferences that can be drawn from the facts. Id. However, "because we view the facts in the light most favorable to the nonmoving party, we do not weigh the evidence or attempt to determine the credibility of the witnesses." Kammueller v....
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