District Court Grants Motion for Summary Judgment on Grounds of No Willful Infringement and Denies Plaintiffs’ Motion for Summary Judgment on Damages

On June 28, 2017, District Judge Nathaniel M. Gorton granted Defendants Zoll Medical Corporation’s motion for summary judgment on grounds that they did not willfully infringe Plaintiffs Koninklijike Phillips Electronics’ automated external defibrillators (AEDs) and components on June 26, 2017 in the United States District Court of Massachusetts (Boston).  District Judge Gorton denied Plaintiffs’ motion for summary judgment of no damages for certain foreign sales, based on Defendants’ raising of a genuine dispute of material fact on whether the electrode pad was manufactured or sold in the U.S.  District Judge Gorton also denied Plaintiffs’ motion for summary judgment to preclude Defendants from collecting damages due to its failure to substantially mark all of its products at issue.  The patents-at-issue are U.S. Patent Nos. 5,330,526; 5,391,187; 5,575,807; 5,607,454; 5,721,482; 5,735,879; 5,749,905; 5,773,961; 5,800,460; 5,803,927; 5,836,978; 5,879,374; 5,879,978; 6,047,212; 6,178,357; 6,304,783; 6,356,785; 6,441,582; 6,871,093; and R,E39,250. The case is captioned, Koninklijike Phillips Electronics N.V., et. Al. v. Zoll Medical Corporation, 1-10-cv-11041.

By: Monica Chou