Unique Industries, Inc. v. 965207 Alberta Ltd.

MEMORANDUM OPINION

Denying the Parties’ Cross-Motions for Summary Judgment

RICARDO M. URBINA, District Judge.

I. INTRODUCTION

This matter comes before the court on the parties’ cross-motions for summary judgment. The defendant is a company that holds two design patents for numerical and star-shaped sparklers, a type of firework that throws off sparks when lit. The plaintiff is a company that sells similar products. The plaintiff commenced this action in pursuit of a declaratory judgment stating that its products do not infringe upon the defendant’s design patents, and that the defendant’s patents…