Sule v. Kloehn Co., Ltd.

OPINION

ACKERMAN, District Judge.

This matter comes before the court on the parties’ cross-motions for summary judgment pursuant to Federal Rule of Civil Procedure (“Rule”) 56. The plaintiffs have moved for entry of summary judgment on their patent infringement claim. The defendant has moved for a determination of non-infringement and entry of summary judgment dismissing Count III of the plaintiffs’ Amended Complaint. This court’s jurisdiction is invoked pursuant to 28 U.S.C. §§ 1831 and 1338. For the reasons discussed below, the plaintiffs’ motion is denied and the defendant’s motion is…