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United States District Court for the District of Delaware
June 25, 2013, Decided; June 25, 2013, Filed
Civ. No. 11-1007-SLR-CJB
[*607] MEMORANDUM OPINION
/s/ Sue L. Robinson
ROBINSON, District Judge
Plaintiffs INVISTA North America S.à.r.l. and Auriga Polymers Inc. 1 (collectively, "Invista") are suing M&G USA Corporation and M&G Polymers USA, LLC (collectively, "M&G") for infringement of United States Patent Nos. No. 7,919,159 ("the '159 patent), 7,943,216 ("the [**2] '216 patent"), and 7,879,930 ("the '930 patent") (collectively, "the patents-in-suit"). (D.I. 1; D.I. 7) M&G has asserted counterclaims seeking declaratory judgment of non-infringement and invalidity of the patents-in-suit. (D.I. 42) The patents-in-suit relate to plastic materials with applications in packaging for oxygen-sensitive foods and beverages. Currently before the court is claim construction, for which the court held a Markman hearing on April 19, 2013. The court has jurisdiction over this matter pursuant to 28 U.S.C. § 1338.
A. Technology Overview
Plastic polymers are commonly used for making food and beverage containers and offer several advantages over the use of glass or metal. They are lighter in weight, have less breakage, and can potentially lower costs. ('216 patent, col. 1:25-27) 2 Polymers are synthesized by reacting monomers to form a larger polymer chain, and they can be made into bottles by a method called stretch blow molding. In stretch blow molding, a polymer resin is [*608] typically dried, melted and extruded into preforms. (Id., col. [**3] 7:56-58) The preforms are then heated and blown-molded into bottles of desired shape and size. (Id., col. 7:62-64)
One type of polymer, polyester, has been widely used in the bottling industry for many years. Polyethylene terephthalate ("PET") is a common example of a polyester. (Id., col. 2:34, 8:16) Polyesters can be prepared by reacting diesters (e.g., dicarboxylic ester) or diacids (e.g., terephthalic acide) with ethylene glycol ("EG"). (Id., col. 3:27-31) However, polyesters have inferior gas-barrier properties. Because they are not impervious to gas, they limit the shelf life of oxygen-sensitive foods, condiments, and beverages (such as juice, soda, or beer). (Id., col. 1:27-33)
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951 F. Supp. 2d 604 *; 2013 U.S. Dist. LEXIS 88641 **
INVISTA NORTH AMERICA S.À.R.L. and AURIGA POLYMERS INC., Plaintiffs, v. M&G USA CORPORATION and M&G POLYMERS USA, LLC, Defendants.
Prior History: Invista N. Am. S..R.L. v. M&G USA Corp., 2013 U.S. Dist. LEXIS 66476 (D. Del., Mar. 28, 2013)
salt, metal, sulfonate, copolyester, compatibilizer, composition, ionic, polyester, blend, specification, cobalt, polymer, comprising, acid, aromatic, catalyst, transition, monomer, resin, patentee, invention, links, patent, chains, ingredients, melt, colorant, proposes, recites, ordinary meaning