By Memorandum Order entered by The Honorable Leonard P. Stark in The Gillette Company LLC v. Dollar Shave Club, Inc., et al., Civil Action No. 15-1158-LPS-CJB (D.Del. March 21, 2019), the Court, among other things, denied Plaintiff’s motion seeking summary judgment as to the date of conception for the ‘513 patent. Plaintiff sought summary judgment that the invention of the ‘513 Patent was conceived in February 1998, which would have been before the prior art in the Bray Patent. Id. at *1-2.
After considering Plaintiff’s motion, the Court determined that there was a genuine dispute of material fact as to whether conception occurred in February 1998 or not until Spring 1999. Id. at *2-3. The Court noted that a reasonable juror could find that conception of the claims of the ‘513 Patent did not occur in February 1998 because of several reasons and concluded that what the inventors knew and appreciated in February 1998 was a material fact to be determined by the trier of fact. Id. at *3. Thus, plaintiff’s motion for summary judgment on the date of conception was denied. Id.
A copy of the Memorandum Order is attached.