Levi Case Co., Inc. v. ATS Products, Inc.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT ON CONSPIRACY ISSUE

WALKER, District Judge.

I. BACKGROUND FACTS.

Lawrence Shea is the holder of three patents for a resin-based fiberglass type of heating, ventilation and air conditioning (“HVAC”) ductwork. The ductwork produced by Shea’s method is recognized by both plaintiff and defendant as superior for certain indoor environments. In the broader market for HVAC ductwork, ductwork made through Shea’s process competes with ductwork made of other fiberglass compounds, steel, plastic and polyester.

In 1978, Shea formed ATS Products, Inc. (“ATS”) to…