Water Technology, LLC et al v. Kokido Development Limited et al
| Water Technology, LLC and Water Tech Corp. |
| Kokido Development Limited and Menard, Inc. |
| 4:2017cv01906 |
| June 30, 2017 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| Rodney W. Sippel |
| Patent |
| 35 U.S.C. ยง 271 |
| Plaintiff |
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Filing
271
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' motion for summary judgment of literal non-infringement with respect to the '460 patent based on the construction of toroidal body is DENIED. ECF No. 228 . IT IS FURTHER ORDERED that Defendants' motion for summary judgment with respect to the '460 patent on the theory of prosecution history estoppel is GRANTED. ECF No. 149 . Signed by District Judge Audrey G. Fleissig on 1/27/2020. (AFC)
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Filing
259
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Water Tech's motion to compel is GRANTED in part. ECF No. 192 . Menard shall respond to requests for production 13, 15, 31, 32, 35, 40, and 41 and interrogatories 2 and 5, to the extent the in formation sought relates to the remaining patents-in-suit and does not duplicate data already produced by Kokido. IT IS FURTHER ORDERED that Water Tech's motion to compel is DENIED with respect to request for production 33 and Interrogatory 2 to the extent they seek sales data per month, per customer, and per location. Menard need only produce annual gross and net sales figures per accused product. IT IS FURTHER ORDERED that the parties shall cooperate in good faith to schedule Menard's 30(b)(6) deposition as expeditiously as possible. Signed by District Judge Audrey G. Fleissig on 1/3/2020. (AFC)
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Filing
162
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motions to dismiss are GRANTED. ECF Nos. 142 , 145 . Signed by District Judge Audrey G. Fleissig on 6/25/2019. (AFC)
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Filing
137
MARKMAN ORDER: IT IS HEREBY ORDERED that the parties' motions for claim construction are GRANTED in part and DENIED in part as set forth below. 1) With respect to the '460 patent: a) "Nozzle" shall be defined as "a tube dir ecting a flow of fluid." b) The plain and ordinary meaning of "body" as understood by a PHOSITA is not ambiguous and requires no construction. c) "Toroidal body" shall be defined as "a body having a shape related to a toroid."d) "Carrying handle being integrally formed from an upper portion of the toroidal body and an opening through the toroidal body" shall be defined as "an integral handle formed from the upper portion of the body by an ope ning through the body, i.e., the opening through the body creates the handle from the upper portion of the body." e) The plain and ordinary meaning of "wherein the nozzle of the pool cleaner is pivotable" as understood by a PHOSITA is not ambiguous and requires no construction. f) The plain and ordinary meaning of "a filter housing disposed between the nozzle and the body for accumulating the filtered debris" as understood by a PHOSITA is not ambiguous and requir es no construction. 2) With respect to the '975 patent: a) The plain and ordinary meaning of "gap" as understood by a PHOSITA is not ambiguous and requires no construction. b) The "front housing section" shall be defined as the "front section of the pool cleaner, including a housing containing one or more parts." c) "A front housing section affixed to said rear body housing and defining a gap between said rear body housing and said front housing section " shall be defined as "a front housing section that is affixed to the rear body housing in a manner that creates an open gap between the front housing section and the rear body housing." d) "Expanded skeletal structure" sh all be defined as "a skeletal framework, including structural support members, that expands to be wider at one end." e) "Attached to said rear body housing" shall be construed to include direct and indirect attachment. f) The pl ain and ordinary meaning of "said expanded skeletal structure has an opening not covered by said area of filter material and further comprising: a drainage valve having an input in communication with said opening of said skeletal structure, a nd an output, for draining filtered water from within said expanded skeletal structure" as understood by a PHOSITA is not ambiguous and requires no construction. 3) The 'D396 design patent shall be construed to encompass both opaque and t ransparent surfaces. IT IS FURTHER ORDERED that Kokido's motion to strike exhibits 13-16 attached to Water Tech's responsive brief (ECF Nos. 108-4. -5, -6, -7) is DENIED as moot. ECF No. 110 . Signed by District Judge Audrey G. Fleissig on March 15, 2019. (BRP)
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Filing
104
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs motion (ECF 94 ) is GRANTED. The Clerk of the Court shall detach ECF 94-1. Signed by District Judge Audrey G. Fleissig on 7/23/18. (KJS)
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