Ansell Healthcare Prods. LLC v. Reckitt Benckiser LLC

Ansell Healthcare Prods. LLC v. Reckitt Benckiser LLC

Opinion

Memorandum Opinion

January 30, 2018

ANDREWS, U.S. DISTRICT JUDGE:

Presently before the Court are Plaintiff Ansell Healthcare Products LLC's Motion for Summary Judgment of Non-Invalidity Under 35 U.S.C. Sections 102 and 103 (D.I. 189) and related briefing (D.I. 190, 206, 218); Ansell's Motion for Summary Judgment of Infringement of Claims 1 and 5 of U.S. Patent No. 9,074,027 (D.I. 192) and related briefing (D.I. 193, 208, 220); Defendant Reckitt Benckiser's Motion for Summary Judgment of Invalidity (D.I. 201) and related briefing (D.I. 202, 223, 234); RB's Motion for Partial Summary Judgment of Non-Infringement (D.I. 203) and related briefing (D.I. 204, 224, 231); and RB's Motion for Summary [*2]  Judgment of No Willful Infringement and No Enhanced Damages (D.I. 198) and related briefing (D.I. 199, 222, 233). I held oral argument on January 22, 2018. (D.I. 262 ("Tr.")).

As stated at oral argument, the Court will DENY the parties' summary judgment motions related to infringement and validity (D.I. 189, 192, 201, 203), insofar as they relate to non-claim construction issues. (Tr. at 106:19-108:20). For the reasons that follow, the Court will also DENY the remainder of the parties' summary judgment motions related to infringement and validity (D.I. 189, 192, 201, 203), and will GRANT RB's Motion for Summary Judgment of No Willful Infringement and No Enhanced Damages (D.I. 198).

I. BACKGROUND

Ansell brought this patent infringement suit against RB on October 13, 2015, alleging that RB infringes United States Patent Nos. 8,087,412 ("the '412 patent"), 8,464,719 ("the '719 patent"), 9,074,027 ("the '027 patent), and 9,074,029 ("the '029 patent") by importing, selling, or offering for sale the accused Durex RealFeel® condoms. (D.I. 1). Ansell has asserted claims 1, 2, 3, 4, 8, and 9 of the '412 patent; claims 1, 8, 10, 11, 16, and 17 of the '719 patent; claims 1 and 5 of the '027 patent; and claims 1, 2, 3, 7, 8, 11, 16, and 17 of the '029 patent. (D.I. 202 at 1).

All asserted claims require "synthetic polyisoprene particles bonded to each other through intra-polyisoprene [*3]  particle crosslinks and inter-polyisoprene particle crosslinks." (D.I. 202 at 2). Claims 1 and 5 of the '027 patent require that "the intra-polyisoprene particle crosslinks and the inter-polyisoprene particle crosslinks are such that the molecular weight is less than about [X] g/mol between the crosslinks." (D.I. 202 at 3). Claim 1 of the '027 patent reads as follows:

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