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Pulse Elecs., Inc. v. U.D. Elec. Corp.

Pulse Elecs., Inc. v. U.D. Elec. Corp.

United States District Court for the Southern District of California

March 31, 2021, Decided; March 31, 2021, Filed

Case No.: 3:18-cv-00373-BEN-MSB; Related Case No.: 3:20-cv-01676-BEN-DEB

Opinion

 [*992]  ORDER:

(1) GRANTING SUMMARY JUDGMENT, SUA SPONTE, FOLLOWING THE COURT'S ORDER TO SHOW CAUSE

(2) GRANTING MOTIONS TO SEAL

[ECF Nos. 160, 170, 172, 173, 175]

I. INTRODUCTION

Plaintiff/Counterdefendant PULSE ELECTRONICS, INC., a Delaware corporation  [*993]  ("Plaintiff" or "Pulse") brings this action for a patent infringement against Defendant/Counterclaimants Defendant U.D. Electronic Corp., a Taiwan corporation ("Defendant" or "UDE"). Second Amended Complaint, ECF No. 106 ("SAC").

Before the Court are (1) Plaintiff's Response to the Court's Order to Show Cause, ECF No. 172 ("Pltff. Brief."), and (2) Defendant's Response Thereto, ECF No. 175 ("Def. Brief"). The Motions were submitted on the papers without oral argument pursuant to Civil Local Rule 7.1(d)(1) and Rule 78(b) of the Federal Rules of Civil Procedure. ECF No. 158, 160.

After considering the papers submitted, [**2]  supporting documentation, and applicable law, the Court GRANTS summary judgment, sua sponte, in Defendant's favor as Plaintiff has failed to submit evidence of Defendant's infringing activities within the United States ("U.S.").

II. BACKGROUND1

This matter arises out of a dispute over whether Defendant is infringing on the claims of U.S. Patent Nos. (1) 7,959,473 (the "'473 Patent"), (2) 9,178,318 (the "'318 Patent"), and (3) 6,593,840 (the "'840 Patent") (collectively, the "Patents-in-Suit"). See generally SAC. Plaintiff contends that Defendant directly and indirectly infringes the Patents-in-Suit including by making, using, selling, importing, and/or offering for sale—including through the sale and importation by Defendant's customers, rather than Defendant itself—multigig (e.g., 2.5G, 5G, 10G) 2xN2 integrated connector modules ("ICMs") or products that contain the aforementioned ICMs, including Defendant's four ICM series products: (1) the G series; (2) the GX-X series; (3) the S Series; and (4) the N Series. November 10, 2020 Infringement Report of Plaintiff's Expert, Lex Baxter, Exhibit 5 to Def. Mot., ECF No. 142-4 ("Baxter Report") at 73 ; December 8, 2020, [**3]  Rebuttal Expert Report of Defendant's Expert, Justin R. Blok, Exhibit 10 to Def. Mot., ECF No. 142-9 ("Blok Report") at 5.

A. Factual Background

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530 F. Supp. 3d 988 *; 2021 U.S. Dist. LEXIS 63778 **; 2021 WL 1226470

PULSE ELECTRONICS, INC., a Delaware corporation, Plaintiff, v. U.D. ELECTRONIC CORP., a Taiwan corporation, Defendant.U.D. ELECTRONIC CORP., a Taiwan corporation, Counterclaimant, v. PULSE ELECTRONICS, INC., a Delaware corporation, Counterdefendant.

Subsequent History: Dismissed by, Without prejudice, Stay denied by Pulse Elecs., Inc. v. U.D. Elec. Corp., 2021 U.S. Dist. LEXIS 69938 (S.D. Cal., Apr. 9, 2021)

Prior History: Pulse Elecs., Inc. v. U.D. Elec. Corp., 2018 U.S. Dist. LEXIS 212207 (S.D. Cal., Dec. 17, 2018)

CORE TERMS

infringement, products, invoices, CISG, customers, shipped, sales, argues, summary judgment, parties, seal, contributory, Contracting, domestic, patent, sells, offer to sell, induced, Patents-in-Suit, manufacturing, switch, imported, circumstantial evidence, take place, Truck, reasonable jury, pertaining, documents, website, briefing

Civil Procedure, Judgments, Summary Judgment, Burdens of Proof, Entitlement as Matter of Law, Entitlement as Matter of Law, Genuine Disputes, Materiality of Facts, Burdens of Proof, Nonmovant Persuasion & Proof, Motions for Summary Judgment, Notice Requirement, Governments, Courts, Court Records, Discovery & Disclosure, Discovery, Protective Orders, Evidence, Privileges, Trade Secrets, Scope, Trade Secrets Law, Civil Actions, Protection Orders, Sealed Records, Business & Corporate Compliance, Infringement Actions, Infringing Acts, Indirect Infringement, Making & Manufacturing Infringement, Offers to Sell & Sales, Use, Patent Law, Intent & Knowledge, Commercial Law (UCC), Application & Construction, Choice of Law, International Transactions, International Trade Law, International Commerce & Trade, Federal Legislation, Federal & State Interrelationships, Forum & Place, International Law, Sources of International Law, Types of Evidence, Circumstantial Evidence, Patent Law, Infringing Acts, Trade Agreements, Intellectual Property Provisions, Contracts Law, Contract Formation, Tender & Delivery, Performance, Seller Duties & Rights, Cure, Delivery, Shipment & Tender, Dispute Resolution, Remedies, Damages, Sales (Article 2), Form, Formation & Readjustment, Offer & Acceptance