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GSI Group, Inc. v. Sukup Manufacturing Co.

September 25, 2008

THE GSI GROUP, INC., PLAINTIFF,
v.
SUKUP MANUFACTURING CO., DEFENDANT.



The opinion of the court was delivered by: Jeanne E. Scott, U.S. District Judge

OPINION

This matter comes before the Court on the following Motions for Partial Summary Judgment:

1. Plaintiff GSI Group, Inc.'s (GSI) Motion for Partial Summary Judgment that All of GSI's Tower Dryer Patents-In-Suit Are Valid (d/e 407) (Motion 407);

2. GSI's Motion for Partial Summary Judgment Against Defendant's Inequitable Conduct Affirmative Defense and Counterclaim, and for a Declaration of Enforceability, as to All GSI's Tower Dryer Patents-In-Suit (d/e 424) (Motion 424);

3. GSI's Motion for Partial Summary Judgment of Infringement of GSI's Tower Dryer Patents by the Sukup Tower Dryer Installed at the Rosenwinkel Farm (d/e 438) (Motion 438);

4. Defendant Sukup Manufacturing Company's (Sukup) Motion for Summary Judgment of Invalidity of U.S. Patent No. 6,076,276 (d/e 447) (Motion 447);

5. Defendant Sukup's Motion for Summary Judgment of Invalidity of U.S. Patent No. 6,073,367 (d/e 448) (Motion 448);

6. Defendant Sukup's Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 6,076,276 (d/e 443) (Motion 443);

7. Defendant Sukup's Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 6,073,367 (d/e 444) (Motion 444); and

8. Defendant Sukup's Motion for Summary Judgment of Non-Infringement of U.S. Patents Nos. 6,073,364 and 6,233,843 (d/e 445) (Motion 445).

All of these Motions concern GSI's claims that Sukup infringed on GSI's four patents for the sweep grain unloading device (Sweep Unloader) used in GSI's tower grain dryers, U.S. Patent No. 6,076,276 (276 Patent); U.S. Patent No. 6,073,367 (367 Patent); U.S. Patent No. 6,073,364 (364 Patent); and U.S. Patent No. 6,233,843 (843 Patent) (collectively the Tower Dryer Patents). GSI concedes that the 276 Patent is not currently valid. For the reasons set forth below, the Court finds that the 367 Patent also is not valid. The Court finds that the 364 Patent and the 843 Patent are valid, and that Sukup is not currently infringing on either the 364 Patent or the 843 Patent, but previously infringed on these two patents. Therefore:

(1) Motion 407 is withdrawn as to the 276 Patent, denied as to the 367 Patent, and allowed as to the 364 and 843 Patents;

(2) Motion 424 is allowed as to the 364 and 843 Patents, and denied as moot as to the 276 and 367 Patents;

(3) Motion 438 is allowed;

(4) Motion 447 is allowed;

(5) Motion 448 is ...


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