Sims v. MacK Trucks, Inc.

OPINION

JOSEPH S. LORD, III, Chief Judge.

Count One of the amended complaint alleges infringement by the defendant of plaintiffs’ patent for a front-discharge concrete mixing truck, and Count Two alleges unfair competition by defendant. Defendant has moved pursuant to F.R.Civ.P. 56(b) for summary judgment as to each count. Defendant contends as to the patent infringement count that the patent held by plaintiffs was invalid ab initio because of obviousness. Defendant seeks summary judgment on Count Two on the grounds that plaintiffs lack standing to sue and that no facts support plaintiffs’…