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Judge Brown Grants Summary Judgment Where Plaintiffs Could Not Find Any Infringing Products

On May 30, 2018, United States Magistrate Judge Gary Brown (E.D.N.Y.) granted defendants Envirocare Technologies International, Ltd.'s, Envirocare Technologies, LLC's, and Steel City Vacuum Company's motion for summary judgment based on plaintiffs Nationwide Sales and Services, Inc.'s and Imig, Inc.'s failure to provide patent infringement claim charts, as required by both the local patent rules and the discovery schedule stipulated by the parties.

Previously, in opposing defendants' motion to compel infringement claim charts, plaintiffs explained the delay by stating that they needed discovery from third-party customs brokers to show that defendants had imported the accused products from their Chinese supplier. The third-party discovery obtained, however, apparently did not provide such evidence. Instead, as defendants presented to the court, plaintiffs' own invoices to defendants confirmed that the accused products were sold directly by plaintiffs to defendants prior to the litigation.

Noting that this is a rare situation in which plaintiffs failed to provide claim charts despite having been given every opportunity, the court granted defendants' motion for summary judgment.

Case: Nationwide Sales & Servs. Inc. v. Envirocare Techs. Int'l, Ltd., No. 16-6617 (GRB), Dkt. No. 57 (E.D.N.Y. May 30, 2018).