Robert Bosch LLC v. Pylon Manufacturing Corp.

659 F.3d 1142 (2011)

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Nature of the Case

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Facts

Beam blades are a relatively new technology that offers several advantages over conventional, or 'bracketed,' wiper blades, including more evenly distributed pressure across the length of the blade and better performance in inclement weather. P's business involves developing wiper blades, and P owns patents covering various aspects of beam blade technology. P also sells blades. D also sells beam blades and has competed with P for business from retailers such as Wal-Mart. In August 2008, P sue D alleging infringement of three of P's patents. The parties subsequently moved for summary judgment with respect to the validity and infringement of various claims. The district court granted P's motion for summary judgment of non-infringement of the '512 Patent but denied its motion for summary judgment of invalidity of the '974 and '512 Patents. The court also granted P's motions for summary judgment of: (1) infringement of claims 1 and 8 of the '974 Patent; and (2) no inequitable conduct and no invalidity for derivation as to the '905 and '434 Patents. A jury found: (1) claim 13 of both the '905 and '434 Patents valid and infringed; (2) claims 1 and 5 of the '434 Patent infringed, but invalid for obviousness; and (3) claims 1 and 8 of the '974 Patent invalid based on obviousness and derivation. P moved for entry of a permanent injunction. The court denied the motion stating that P failed to show that it would suffer irreparable harm. The court identified deficiencies it perceived in P's presentation of the competitive landscape, including a failure to 'provide a clear, summary-level overview of the relevant market' and 'a breakdown illuminating [the parties'] relative market percentages.' The court held that P 'failed to define a relevant market'; (2) the 'existence of additional competitors'; and (3) the 'non-core nature of Bosch's wiper blade business in relation to its business as a whole.' The court denied the request for an injunction without addressing the remaining equitable factors of the permanent injunction inquiry. P appealed.