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Lugus IP, LLC v. Volvo Car Corp.

United States District Court, D. New Jersey

July 23, 2014

LUGUS IP, LLC, Plaintiff,
v.
VOLVO CAR CORP., and VOLVO CARS OF NORTH AMERICA, LLC, Defendants

Page 529

Appearances: TOMPKINS, MCGUIRE, WACHENFELD & BARRY LLP, By: William H. Trousdale, Esq., Brian M. English, Esq., Newark, New Jersey, Counsel for Plaintiff.

Pro hac vice: THE FUISZ-KUNDU GROUP LLP, By: John R. Fuisz, Esq., Sudip Kundu, Esq., Washington, District of Columbia, Counsel for Plaintiff.

SAIBER LLC, By: Arnold B. Calmann, Esq., Jakob Halpern, Esq., Newark, New Jersey, Counsel for Defendants.

Pro hac vice: LATHAM & WATKINS LLP, By: Matthew J. Moore, Esq., Jonathan D. Link, Esq., Washington, District of Columbia, Counsel for Defendants.

OPINION

Page 530

HONORABLE JOSEPH E. IRENAS, Senior United States District Judge.

This is a patent infringement case concerning allegations of both direct and indirect infringement. Plaintiff Lugus IP, LLC contends that Defendants Volvo Car Corporation and Volvo Cars of North America, LLC have infringed U.S. Patent No. 5,806,926 (the " '926 patent" ). Presently before the Court are two motions: Defendants' Motion for Summary Judgment, and Plaintiff's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 41(a)(2).[1] For the reasons set forth

Page 531

below, the Court will grant Defendants' motion for summary judgment, rendering Plaintiff's motion moot.

I.

The United States Patent Office issued the '926 patent to inventor David A. Parsons of Jefferson, Maryland, on September 15, 1998. As detailed in this Court's claim construction Opinion, the '926 patent is for " a child safety seat that automatically converts to an adult seat when not in use by a child." Lugus IP, LLC v. Volvo Car Corp., No. 12-cv-2906 (JEI/JS), 2014 WL 2094086, at *1 (D.N.J. May 20, 2014). By recorded assignment, Plaintiff Lugus IP, LLC (" Plaintiff" or " Lugus" ) now holds all rights to enforce the '926 patent. Lugus brings this lawsuit against Defendants Volvo Car Corporation and Volvo Cars of North America, LLC (" Defendants" or " Volvo" ), asserting that child safety booster seats installed in certain models of Volvo's vehicles, including the Volvo XC60, XC70, and V70, infringe upon the '926 patent.

The '926 patent describes a seat with an adult / undeployed setting, and a child / deployed setting. This Court's claim construction Opinion describes this conversion in some detail:

To convert from the adult setting to the deployed child setting, the undeployed seatback pivots down when an individual " manually pull[s] forward and downward" on that seatback. This pivoting process reveals a Y-shaped safety harness with two belts, shaped to fit over a child's shoulders, in the seatback of the deployed setting. The ...

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