Samuel Stamping Technologies, LLC v. Therma-Tru Corp.

Summary

The court denies Therma-Tru Corp.'s motion for partial summary judgment seeking to judicially estop Samuel Stamping Technologies, LLC from asserting that the relevant article of manufacture is a door rather than a door skin. The court also denies SST's motion to exclude new arguments in Therma-Tru's reply or permit a sur-reply, but grants Therma-Tru leave to file a second, limited summary-judgment motion addressing disgorgement under 35 U.S.C. § 289.

Holdings

1. Judicial estoppel did not apply because Therma-Tru failed to establish that SST clearly asserted a contrary position and failed to show that either the jury or the court adopted the alleged contrary position.
2. Therma-Tru's reply exceeded the scope of SST's opposition and did not adequately raise the disgorgement basis for relief in its initial motion.
3. The court could permit Therma-Tru to file a second motion for summary judgment limited to whether the court, rather than a jury, should determine disgorgement of profits under § 289.

Questions Presented

1. Whether SST was judicially estopped from arguing that the relevant article of manufacture was a door rather than a door skin.
2. Whether Therma-Tru's new argument in its reply brief concerning the court's authority to determine disgorgement damages under 35 U.S.C. § 289 should be excluded or whether SST should receive leave to file a sur-reply.
3. Whether the court could grant Therma-Tru leave to file a second, limited motion for summary judgment concerning disgorgement of profits.

Disposition

other