Case Name: Cinpres Gas Injection, Ltd. v. Volkswagen Group of America

Docket Number: 2:12-cv-13000-BAF-MKM

Date Filed: 7/9/2012

Judge: Hon. Bernard A. Friedman

Status: Closed

Cinpres Gas Injection, Ltd. filed suit against Volkswagen Group of America, Inc. for patent infringement of U.S. PatentNo. 6,716,387 (“the ‘387 patent”), entitled, “Process for Pressure Assisted Molding of Hollow Articles” and No. 6,896,844 (“the ‘844 patent”), entitled, “Process For Gas Assisted And Water Assisted Injection Molding.”Both patents generally relate to fluid assisted injection molding processes.

Cinpres amended the complaint on both October 15, 2012 and December 17, 2012 and Volkswagen filed motions to dismiss the claims of willful infringement and infringement under § 271(A) and § 271(G) on January 3, 2013. The court denied both motions on January 9, 2013. Shortly after, in March 2013, Volkswagen filed a request for reexamination of both the ‘387 and ‘844 patents. Volkswagen proceeded to file a motion to stay pending reexamination on August 26, 2013. The Court granted the motion on October 24, 2013, stating it would wait until the United States Patent and Trademark Office completes the reexamination of Claim 12 of the ‘387 patent and Claim 9 of the ‘844 patent.

In the meantime, the parties had a telephonic conference with the Court in June 2014 to work out the following issues: (1) proposed order for the preservation of evidence from Volkswagen’s foreign suppliers, (2) Volkswagen’s willingness to disclose its remaining defenses, (3) status of reexamination, and (4) request for deposition of Cinpres employee who was leaving the company. The next status conference was scheduled for January 13, 2015.

Reexamination for both patents had been settled by the USPTO in fall of 2014. As a result, at the next status conference on January 13, 2015, Cinpres requested that the stay be lifted. The Court lifted the stay on January 14, 2015 and discovery continued. Eventually, the Court ordered facilitation between the parties and Christopher Darrow was appointed as discovery master and neutral facilitator for the suit. On December 17, 2015, Cinpres filed a stipulation of dismissal citing that each party bears their own costs and fees.