United States District Court, D. Connecticut
RULING ON CLAIM CONSTRUCTION
VICTOR
A. BOLDEN, UNITED STATES DISTRICT JUDGE
Artskills,
Inc. (“Artskills” or “Plaintiff”) has
sued Royal Consumer Products, LLC (“Defendant” or
“RCP”), alleging that RCP was infringing two of
Artskills's patents: U.S. Patent Nos. 9, 076, 352
(“the ‘352 Patent”) and 9, 495, 886
(“the ‘886 Patent”) (collectively,
“the asserted Utility Patents”). See
Complaint, dated Sept. 14, 2017 (“Compl.”), ECF
No. 1.
RCP has
brought counterclaims against Artskills, alleging that
Artskills falsely marked its products with three patents:
U.S. Patent Nos. D739, 467 (“the D467 patent”),
D754, 253 (“the D253 patent”), and D706, 872
(“the D872 patent”) (collectively, “the
asserted Design Patents.”). See Second Amended
Answer, dated Dec. 14, 2018 (“Am. Ans.”), ECF No.
100.
Following
the submission of initial, supplemental, and responsive claim
construction briefs by Artskills and RCP, the Court held a
claim construction hearing under Markman v. Westview
Instruments, Inc., 517 U.S. 370 (1996), to determine the
construction of the disputed terms in the patent claims in
question. Minute Entry, filed Apr. 9, 2019, ECF No. 121.
For the
reasons explained below, the Court construes the disputed
terms in the asserted Utility Patents as follows:
|
Disputed Term
|
Courtâs construction
|
|
â352 Patent
|
â886 Patent
|
|
âPre-weakened lineâ
|
A line in the sheet of material that has been weakened.
|
A line in the blank that has been weakened.
|
|
âFolded stateâ
|
[in Claim 6 only]: The state in which the first
side panel is folded over the center panel about the
first line in the sheet of material that has been
weakened, and the second side panel is folded over the
center panel about the second line in the sheet of
material that has been weakened.
|
[in Claim 8 only]: The state in which the first
side panel is folded over the center panel about the
first line in the blank that has been weakened, and the
second side panel is folded over the center panel about
the second line in the blank that has been weakened.
|
|
âFold lineâ
|
A line along which the sheet of material may be folded.
|
n/a
|
|
âPerforation lineâ
|
A line along which a portion of the sheet of material may
be detached or separated.
|
n/a
|
For the
reasons explained below, the Court construes the disputed
terms of the asserted Design Patents as follows:
-
|
Disputed Term
|
Court's construction
|
|
“Blank” (D872 Patent)
|
A single piece of material to be assembled into a
tri-fold display.
|
|
“Blank” (D467 & D253 Patents)
|
A single piece of material to be assembled into a
multi-panel display.
|
|
“I claim the ornamental design for a
tri-fold display blank, as shown and
described.” (D872 Patent)
|
The ornamental aspects of the design of a single
piece of material to be assembled into a tri-fold
display, as shown in Figures 1-3, specifically
the configuration of linear segments of equal
length, the shape and positioning of slots in the
header panel, the size/shape of the rounded panel
corners, and the width/length/shape of the header
and adhesive panels.
|
|
“I claim the ornamental design for a
multi-panel display blank, as shown and
described.” (D467 Patent)
|
The ornamental aspects of the design of a single
piece of material to be assembled into a
multi-panel display, as shown in Figures 1- 5,
specifically the configuration of linear segments
of equal length, the shape and positioning of
slots in the header panel, the size/shape of the
rounded panel corners, and the width/length/shape
of the header and adhesive panels.
|
|
“I claim the ornamental design for a
multi-panel display blank, as shown and
described.” (D253 Patent)
|
The ornamental aspects of the design of a single
piece of material to be assembled into a
multi-panel display, as shown in Figures 1- 2,
specifically the configuration of linear segments
of equal length, the shape and positioning of
slots in the header panel, the size/shape of the
rounded panel corners, and the width/length/shape
of the header and adhesive panels.
|
I.
FACTUAL AND PROCEDURAL BACKGROUND
A.
The Asserted Utility Patents
On
February 5, 2015, Artskills filed the ‘352 Patent,
entitled “Multi-Panel Display Device, Blank, and Method
of Forming the Device, ” as Application No. 14/614,
742. See ‘352 Patent, annexed as Ex. B to
Complaint, ECF No. 1-2. On July 7, 2015, the United States
Patent & Trademark Office (“USPTO”) issued
the ‘352 Patent. Id.
Artskills
accuses RCP-through its sale of the RCP Eco Brites Project
Board with Header-of infringing independent claim 1,
dependent claims 2 through 7, independent claim 8, dependent
claims 9 through 11, independent claim 12, and dependent
claims 13 through 19 of the ‘352 Patent. Compl. ¶
51. Those claims read as follows, with the disputed terms or
phrases noted in bold typeface:
A multi-panel display device comprising:
a sheet of material comprising:
a center panel having a first edge, a second edge, a top
edge, a bottom edge, a height measured between the top and
bottom edges of the center panel, and a width WC
measured between the first and second edges of the center
panel;
a first side panel having a first free edge, a second edge, a
top edge, a bottom edge, and a height measured between the
top and bottom edges of the first side panel, the second edge
of the first side panel attached to the first edge of the
center panel along a first pre-weakened
line;
a second side panel having a first edge, a second edge, a top
edge, a bottom edge, and a height measured between the top
and bottom edges of the second side panel, the first edge of
the second side panel attached to the second edge of the
center panel along a second pre-weakened
line; and
a header panel having a first edge, a second edge, a top
edge, a bottom edge, a height measured between the top and
bottom edges of the head panel, and a width WH
measured between the first and second edges of the header
panel, the first edge of the header panel detachably coupled
to the second edge of the second side panel along a
third pre-weakened line, the header panel
comprising a first slot and a second slot, each of the first
and second slots extending from one of the first and second
edges of the header panel towards the other of the first and
second edges of the header panel, the first and second slots
having a length LS measured from the one of the
first and second edges of the header panel to a terminal end
of the slots that is less than the width WH of the
header panel, the first and second slots spaced apart by a
distance D that is greater than the width WC of the
center panel; the heights of the center panel, the first side
panel, the second side panel, and the header panel being
substantially the same so that the top and bottom edges of
the center panel, the first side panel, the second side
panel, and the header panel are aligned;
the sheet of material alterable between:
(1) a folded state in which:
(A) the first side panel is folded over the center panel
about the first pre-weakened line; and
(B) the second side panel is folded over the center panel
about the second pre-weakened line; and
(2) a display state in which:
(A) the header panel is broken away from the second side
panel along the third pre-weakened line;
(B) the first and second side panels extend in a direction
away from a front surface of the center panel; and
(C) the header panel is mounted to the first and second side
panels so as to extend upward from the top edges of the first
and second side panels.
2. The multi-panel display device of claim 1 wherein Ls is
between
1.5 inches and 3 inches.
3. The multi-panel display device of claim 1 wherein the
first and second pre-weakened lines are
fold lines and wherein the third
pre-weakened line is a perforation
line.
4. The multi-panel display device of claim 1 wherein the
first side panel has a width W1 measured between the first
free edge and the second edge of the first side panel, the
second side panel has a width W2 measured between the first
and second edges of the second side panel, and wherein W1 is
substantially equal to W2.
5. The multi-panel display device of claim 4 wherein W2
WH ≥ WC - W1, W1 > WH, and
W2 > WH.
6. The multi-panel display device of claim 1 wherein in
the folded state the header panel at least
partially overlies a rear surface of the first side panel.
7. The multi-panel display device of claim 1 wherein in the
display state the first and second side panels extend
outwardly from the center panel in a manner oblique to the
front surface of the center panel.
8. A multi-panel display device comprising:
a sheet of material comprising:
a center panel having a first edge, a second edge, and a
width WC measured between the first and second
edges;
a first side panel having a first free edge and a second
edge, the second edge of the first side panel attached to the
first edge of the center panel along a first
pre-weakened line;
a second side panel having a first edge and a second edge,
the first edge of the second side panel attached to the
second edge of the center panel along a second
pre-weakened line; and
a header panel having a first edge, a second edge, and a
width WH measured between the first and second
edges, the first edge of the header panel detachably coupled
to the second edge of the second side panel along a
third pre-weakened line;
wherein each of the center panel, the first side panel, the
second side panel, and the header panel have the same height;
the sheet of material alterable between:
(1) a folded state in which:
(A) the first side panel is folded over the center panel
about the first pre-weakened line; and
(B) the second side panel is folded over the center panel
about the second pre-weakened line; and
(2) a display state in which:
(A) the header panel is broken away from the second side
panel along the third pre-weakened line;
(B) the first and second side panels extend in a direction
away from a front surface of the center panel; and
(C) the header panel is mounted to the first and second side
panels so as to extend upward from top edges of the first and
second side panels.
9. The multi-panel display device of claim 8 wherein the
header panel comprises a first slot and a second slot, each
of the first and second slots extending from one of the first
and second edges of the header panel towards the other of the
first and second edges of the header panel, the first and
second slots having a length Ls measured from the one of the
first and second edges of the header panel to a terminal end
of the slots that is less than the width WH of the
header panel, the first and second slots spaced apart by a
distance D that is greater than the width WC of the
center panel, and wherein LS is between 1.5 inches
and 3 inches.
10. The multi-panel display device of claim 8 wherein the
first and second pre-weakened lines are
fold lines and wherein the third
pre-weakened line is a perforation
line.
11. The multi-panel display device of claim 8 wherein the
first side panel has a width W, measured between the first
free edge and the second edge of the first side panel, the
second side panel has a width W2 measured between
the first and second edges of the second side panel, and
wherein W1 is substantially equal to
W2, W1 > WH,
W2 > WH, and W2
WH ≥ WC -
W1.
12. A blank for a multi-panel display device comprising: a
center panel having a first edge and a second edge;
a first side panel having a first free edge and a second
edge, the second edge of the first side panel attached to the
first edge of the center panel along a first
pre-weakened line;
a second side panel having a first edge and a second edge,
the first edge of the second side panel attached to the
second edge of the center panel along a second
pre-weakened line; and
a header panel having a first edge and a second edge, the
first edge of the header panel detachably coupled to the
second edge of the second side panel along a third
pre-weakened line, the header panel comprising a
first slot and a second slot, each of the first and second
slots extending from one of the first and second edges of the
header panel towards the other of the first and second edges
of the header panel;
wherein the first side panel has a width W1
measured between the first free edge and the second edge of
the first side panel, the second side panel has a width
W2 measured between the first and second edges of
the second side panel, the center panel has a width
WC measured between the first and second
edges of the center panel, and the header panel has a width
WH measured between the first and second
edges of the header panel, and wherein W2
WH ≥ WC -
W1; and
wherein W1, is substantially equal to
W2, W1 > WH, and
W2 > WH.
13. The blank of claim 12 wherein the first and second slots
have a length LS measured from the one of
the first and second edges of the header panel to a terminal
end of the first and second slots that is located between the
first and second edges of the header panel, the length
LS being less than the width
WH of the header panel.
14. The blank of claim 13 wherein LS is
between 1.5 inches and 3 inches.
15. The blank of claim 12 wherein the first and second slots
are spaced apart by a distance D that is greater than the
width WC of the center panel.
16. The blank of claim 12 wherein the first and
second pre-weakened lines are fold
lines and wherein the third pre-weakened
line is a perforation line, the
header panel being separable from the second side panel along
the third pre-weakened line.
17. The blank of claim 12 wherein when the blank is in
a folded state the first side panel is
folded over the center panel about the first
pre-weakened line and the second side panel is
folded over the center panel about the second
pre-weakened line so that the header panel overlies
a rear surface of the first side panel.
18. The blank of claim 12 wherein the first side panel, the
second side panel, the center panel, and the header panel
collectively ...