United States District Court, E.D. Michigan
ORDER: (1) GRANTING TRISTAR'S MOTION TO STAY [ECF
No. 179]; (2) DENYING AS MOOT TRISTAR'S MOTION FOR LEAVE
TO FILE A MOTION FOR PARTIAL SUMMARY JUDGMENT [ECF No. 176];
AND (3) ADMINISTRATIVELY CLOSING CASE PENDING APPEAL IN IDEA
Victoria A. Roberts United States District Judge.
the Court are Defendant Tristar Products, Inc.'s
(“Tristar”) motion for leave to file a motion for
partial summary judgment and motion to stay litigation.
Plaintiff Choon's Design Inc. (“Choon's”)
opposes both motions.
forth below, the Court GRANTS Tristar's
motion to stay and ADMINISTRATIVELY CLOSES
this case pending the Federal Circuit appeal in Idea
motion for leave to file a motion for partial summary
judgment is DENIED as moot.
filed this case in February 2014. The Court entered an order
on claim construction in April 2016, ruled on cross motions
for summary judgment in August 2017, and entered a second
order on claim construction in January 2018. The Court has
also resolved several discovery disputes and other issues
throughout this case, including Choon's motion to strike
supplemental invalidity contentions in May 2018.
order on Choon's motion to strike, the Court set a status
conference for May 31, 2018, to discuss next steps. Before
the conference, Tristar moved for leave to file a motion for
partial summary judgment.
31, 2018, the Court held an in-person status conference.
During the conference, the Court and counsel for the parties
discussed how Choon's appeal to the Federal Circuit in a
parallel infringement action, Choon's v. Idea Village
Prods. Corp., No. 13-13568 (E.D. Mich.) (Michelson, J.)
(“Idea Village”), affects this case, and
whether the Court should stay proceedings pending the outcome
in Idea Village.
cases have similarities and differences. Like this case,
Choon's alleges Idea Village sold a single-piece loom
that infringed the ‘565 and '420 patents. However,
the patent claims were construed differently in the two
cases, leading to different summary judgment rulings.
Idea Village, District Judge Laurie J. Michelson
granted the defendant summary judgment on the ‘565
patent, finding that a single-piece loom cannot infringe
claims 9 and 14 of the ‘565 patent either literally or
under the doctrine of equivalents. Choon's claim alleging
infringement of the ‘420 patent survived summary
judgment in Idea Village. However, Choon's and
Idea Village settled that claim before trial, and the case
was closed. Choon's filed a notice of appeal to the
Federal Circuit. In its appeal, Choon's challenges Judge
Michelson's claim construction for the ‘565 patent
and her summary judgment decision. Based on Federal Circuit
statistics, a final decision is expected around June 2019.
case, the Court construed several claim limitations for the
‘420 patent consistently with the limitations for the
‘565 patent. At summary judgment, the Court found that
a question of fact existed regarding whether a single-piece
loom could infringe the ‘565 and ‘420 patents
under the doctrine of equivalents. Choon's also has a
claim for infringement of the ‘441 patent in this case,
which was not at issue in Idea Village.
the status conference, Tristar filed a motion to stay
litigation pending the appeal in Idea Village. The
motion is fully briefed.