Senior Judge Sue L. Robinson recently considered the parties’ summary judgment motions in Quest Integrity USA, LLC v. Clean Harbors Industrial Services, Inc., et al., No. 14-1482-SLR, 14-1483-SLR (D. Del. Mar. 28, 2017). Judge Robinson granted defendants’ motion for summary judgment that claims 1, 11, 12, 13, 24, 25, 27, 28, 30, 33, and 37 of U.S. Patent No. 7,542,874 are invalid as anticipated under 35 U.S.C. § 102(b) based on plaintiff’s sale to Orion Norco Refining. Id. at 8-42. Judge Robinson also granted defendant Clean Harbors’ motion for summary judgment of non-infringement; and granted-in-part defendant Cokebusters’ motion for summary judgment of non-infringement. Judge Robinson denied the remaining motions. Id. at 47-48.
UPDATE: On April 7, 2017, Judge Robinson considered defendant’s limited motion to reconsider denial of defendant’s summary judgment motion of invalidity as to one claim (the Court previously granted summary judgment as to the other claims of the patent-in-suit). Quest Integrity USA, LLC v. Cokebusters USA Inc., No. 14-1483-SLR (D. Del. Apr. 7, 2017). Judge Robinson granted the motion, invalidating claim 40 as anticipated by the Norco sale under 35 U.S.C. § 102(b).