Fox Rothschild LLP

By Memorandum Order entered by the Honorable Leonard P. Stark in Baker v. Alpha Consolidated Holdings, Inc. et al., Civil Action No. 18-976-LPS (D.Del. September 17, 2021), the Court granted the combined motion for summary judgment of noninfringement of Defendants Alpha Consolidated Holdings, Inc. and Illinois Tool Works Inc. d/b/a Gumout with respect to the alleged infringement of claims 1-5 of U.S. Patent No. 9,889,961 (“the ‘961 patent”).  In granting Defendants’ motion, the Court found that its claim construction of the term “wherein said neck is adapted”, which is a limitation present in all five asserted claims, “requires the neck of the bottle to be configured such that the threadless paths always align with and press the fuel system’s tabs during insertion.”  Id. at *4.  The Court also found that there was no genuine dispute that the accused products of Defendants have necks that are not configured in the manner required by the Court’s construction of the pertinent term.  Id. at *5.  “Given the Court’s claim construction, and the undisputed evidence, no reasonable factfinder (even taking the evidence in the light most favorable to Baker) could find infringement.”  Id. at *6.

A copy of the Memorandum Order is attached.

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