Decision in Ficep Corporation v. Voortman USA Corp., No. MJG-13-0429 (D. Md.)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
FICEP CORPORATION, *
Plaintiff *
vs. * CIVIL ACTION NO. MJG-13-0429
VOORTMAN USA CORP., *
Defendant *
* * * * * * * * *
ORDER RESOLVING MOTIONS
As to be set forth more fully in a Memorandum and Order to be issued shortly hereafter:
1. Voortman USA Corp.’s Motion for Summary Judgment that the Asserted Claims of U.S. Patent No. 7,974,719 are not Infringed and/or Invalid [ECF No. 80] is DENIED.1
2. Plaintiff’s Motion for Summary Judgment [ECF No. 85] is GRANTED IN PART and DENIED IN PART:
a. Ficep is entitled to partial summary judgment establishing direct infringement by Haas Metal Engineering, Inc. and Quality Iron Fabricators.
b. Ficep is denied partial summary judgment regarding Defendant’s invalidity contentions.

1 In the briefing and argument, but not in the motion, Voortman requested partial summary judgment of non-infringement by 27 of Voortman’s customers. The Court will, by further Order, allow Voortman to file a motion asserting
SO ORDERED, on Friday, September 30, 2016.
/s/__________ Marvin J. Garbis
United States District Judge