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R-Boc Representatives, Inc. v, Minemyer

United States District Court, N.D. Illinois, Eastern Division

September 5, 2014

R-BOC REPRESENTATIVES, INC., Plaintiff,
v.
JOHN T. (" TOM" ) MINEMYER, Defendant

For R-Boc Representatives, Inc., Plaintiff, Counter Defendant, Counter Claimant: Matthew G. McAndrews, LEAD ATTORNEY, Niro, Haller & Niro, Ltd., Chicago, IL; Frederick Christopher Laney, Niro, Scavone, Haller & Niro, Ltd., Chicago, IL.

For John T. Minemyer, an individual, Defendant, ThirdParty Plaintiff, Counter Claimant: Douglas Mason Chalmers, LEAD ATTORNEY, Douglas M. Chalmers P.C., Chicago, IL; Eugene J. Schiltz, Coleman Law Firm, Chicago, IL; Sean Brendan Crotty, Robert F. Coleman & Associates, Chicago, IL.

For John T. Minemyer, an individual, ThirdParty Plaintiff, Counter Claimant, Counter Defendant: Douglas Mason Chalmers, LEAD ATTORNEY, Douglas M. Chalmers P.C., Chicago, IL.

For Carolyn Lundeen, Edward Krajecki, Precision Custom Molders, Inc., Robert Lundeen, Third Party Defendants: Matthew G. McAndrews, LEAD ATTORNEY, Niro, Haller & Niro, Ltd., Chicago, IL.

For Dura-Line Corporation, Timothy A. Grimsley, Third Party Defendants: Matthew G. McAndrews, Niro, Haller & Niro, Ltd., Chicago, IL.

For Dura-Line Corporation, Timothy A. Grimsley, Counter Claimants: Natalie J. Spears, LEAD ATTORNEY, Dentons U.S. LLP, Chicago, IL; Frederick Christopher Laney, Niro, Scavone, Haller & Niro, Ltd., Chicago, IL; Matthew G. McAndrews, Niro, Haller & Niro, Ltd., Chicago, IL.

For Robert Lundeen, Edward Krajecki, Carolyn Lundeen, Precision Custom Molders, Inc., Counter Claimants: Matthew G. McAndrews, LEAD ATTORNEY, Niro, Haller & Niro, Ltd., Chicago, IL; Frederick Christopher Laney, Niro, Scavone, Haller & Niro, Ltd., Chicago, IL.

Page 1125

MEMORANDUM OPINION AND ORDER

Jeffrey Cole, UNITED STATES MAGISTRATE JUDGE.

A.

The case, now in its eighth year and with its hour perhaps coming round at long last, continues its slouch toward a conclusion.[1] As we near trial -- postponed from September 10th to September 15th -- the plaintiffs in this case, R-Boc representatives, have filed a raft of motions. R-Boc wants to amend its invalidity contentions and supplement its expert report. The deadline for doing both of those things has long passed so it needs leave of court. N.D.Ill. Local Patent Rules 3.4, 5.3. And, assuming it gets that leave, it also has filed a motion for summary judgment based on its brand new invalidity theory. The theory is one R-Boc swears it could not possibly have come up with before the Supreme Court issued its Opinion on indefiniteness in Nautilus, Inc. v. Biosig Instruments, Inc., __ U.S. __, 134 S.Ct. 2120, 189 L.Ed.2d 37 (2014), on June 2, 2014. R-Boc's own submissions, however, demonstrate otherwise, and all three of its motions must there be denied.

The issue here is the language in the patent specification that reads " approximately perpendicular." This is the language that R-Boc now claims is indefinite, thereby rendering the patent claim invalid. See 35 U.S.C. § 112 ¶ 2. R-Boc allows that the claim term has, some time ago, been defined as " approximately 90 degrees." R-Boc concedes that it and Mr. Minemyer agreed to this definition and also suggests that I defined the term as well -- which is not accurate. So, the claim certainly wasn't indefinite then, or at least R-Boc didn't think it was. Now, however, R-Boc contends that the Nautilus decision changes everything. Relying on that decision, R-Boc now insists that the claim is indefinite after all.

B.

At the outset, it is important to clarify the genesis of what ...


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