The opinion of the court was delivered by: The Honorable Philip S. Gutierrez, United States District Judge
Present: The Honorable Philip S. Gutierrez, United States District Judge
Wendy K. Hernandez Not Present n/a
Deputy Clerk Court Reporter Tape No.
Attorneys Present for Plaintiff(s):
Attorneys Present for Defendant(s):
Proceedings: (In Chambers) Order GRANTING Defendant's motion for summary judgment as to non-infringement and MOOTING Defendant's motion for summary judgment as to invalidity.
Pending before the Court is Defendant Wal-Mart Stores, Inc.'s ("Wal-Mart") motion for summary judgment of non-infringement and invalidity of U.S. Patent No. 7,093,593. See Dkt. # 40. The Court finds the matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78(b); L.R. 7-15. After considering the moving and opposing papers, the Court GRANTS the motion for summary judgment as to non-infringement and MOOTS the motion for summary judgment as to invalidity.
This motion arises from the alleged infringement of U.S. Patent No. 7,093,593 B2 (the "'593 Patent"), which is directed to a floating solar pool heater. Compl. ¶ 10, Mot.1:3-7. Plaintiff filed a Complaint (Dkt. # 1) alleging, inter alia, that "Solar Pad," a floating solar pool heater sold by Wal-Mart (the "Accused Product") infringes on the claims of the '593 patent.
. ¶¶ 28-32. Wal-Mart answered the Complaint, asserting affirmative defenses of non-infringement and invalidity, among other defenses. Dkt. # 13; Ans. 10:25-11:6. On the same day, former Defendant General Foam Plastics Corp. ("General Foam") filed its Answer, asserting counterclaims for declaratory relief as to non-infringement and invalidity. Dkt. # 16. The parties stipulated to the dismissal of Defendant General Foam on June 22, 2012. Dkt. # 37.
On August 13, 2012, Wal-Mart filed this motion for summary judgment, alleging that the Accused Product did not infringe on the '593 Patent, and that the '593 patent is invalid ...