Case Name: Roll-Rite, LLC v. Shur-Co, LLC

Docket Number: 1:2012-cv-11150-TLL-CEB

Date Filed: 3/14/2012

Judge: Hon. Thomas L. Ludington

Status: Pending  

Roll-Rite, LLC filed suit against Shur-Co, LLC for patent infringement of U.S. Patent No. 5,829,819 (“the ‘819 patent”) entitled “Electric Tarp System for Truck Bed.” The ‘819 patent generally relates to a direct-drive actuator assembly for actuating a tarp spool. Specifically, Roll-Rite alleged that Shur-Co sold products covered by the patent without its permission. Shur-Co denied such allegations and counterclaim stating that Roll-Rite failed to comply with one or more conditions for patentability and for false patent marking. 

On January 13, 2014, Shur-Co filed a motion for summary judgment on non-infringement of the ‘819 patent and no damages based on Roll-Rite’s alleged lost sales of unpatented gear motors. The court denied Shur-Co’s motion. Currently, the case is still pending.

On January 13, 2014, Defendant filed a motion for summary judgment. However, on May 29, 2014, the Honorable Thomas L. Ludington denied the motion for summary judgment.  Defendant alleged two grounds for summary judgment: first Plaintiff cannot maintain a claim of infringement because the defendant’s product does not meet all the requirements of the claim construction, and second, that Roll-Rite is not entitled to lost profits.  The Judge determined that Plaintiff has produced sufficient evidence to survive summary judgment on these claims. The court found that there exists a more than reasonable method of lost product calculations and that there exists a reasonable question of fact in regards to whether the 4500 Series has a brake, per the claim construction and facts of the case. On September 16, 2014, the case was dismissed with prejudice as the parties had entered into a Confidential Settlement Agreement.