Sollami Seeks Review Of Stay Pending Reissue

Posted on | May 13, 2008 | No Comments

2008-1345 Sollami Co. v. Kennametal
WD/PA 06-cv-62

Plaintiff Sollami appeals from Judge Arthur Schwab’s order staying the case pending completion of the reissue proceedings involving one of the patents-in-suit.

Sollami sued Kennametal in January 2006 on 6,371,567; 6,585,326 and 6,585,327, generally directed to bit holders and blocks for road milling, mining and trenching equipment.  Just prior to this action Sollami filed a reissue application at the PTO with respect to the ‘326 patent.

Kennametal apparently knew about the reissue in early 2006, but raised no issue then.  Discovery was had, the court conducted a Markman hearing and claims construction, and cross-motions for summary judgment decided.

With respect to summary judgment, the court adopted a special master’s recommendations and found that Kennametal’s accused products didn’t infringe the ‘567 or ‘327 patents.  As to the ‘326, the court also found that one of the accused products didn’t infringe, but issues of fact precluded summary judgment as to the other product.

Following summary judgment, Sollami sought a Rule 54(b) judgment as to the decided claims so that an immediate appeal could be pursued.  Kennametal opposed the motion, and sought to stay the case pending the ‘326 reissue.  The court, without any substantive explanation, denied the Rule 54(b) motion and granted the motion to stay.

Documents:

2008-1345_Sollami_Opp_to_Stay.pdf

2008-1345_SJ RandRr.pdf

2008-1345_Order_on_RandR.pdf

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