Southco, Inc. v. Fivetech Technology Inc.

MOORE, Circuit Judge.

Southco, Inc. appeals from the orders of the United States District Court for the Eastern District of Pennsylvania granting summary judgment of noninfringement of U.S. Patent Nos. 5,851,095; 6,280,131; and 6,468,012, granting summary judgment of noninfringement of U.S. Trademark Nos. 2,478,685 and 3,678,153, and denying a motion to strike an expert declaration. For the reasons set forth below, we affirm-in-part, reverse-in-part, vacate-in-part, and remand.

BACKGROUND

Southco sued Fivetech Technology Inc., alleging that Fivetech’s captive screws infringed various claims of…