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The Green Pet Shop Enters. LLC v. European Home Design LLC

'Predefined Distance' Other Terms Construed in Denying Judgment as to Patent's Invalidity

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OPINION AND ORDER In this suit, the Green Pet Shop Enterprises, LLC (“Green Pet Shop”) alleges that European Home Design, LLC (“European Home”) infringed its patent for a cooling platform for pets. European Home counters that the patent is invalid on indefiniteness grounds. Now pending are three motions filed by European Home — a motion for summary judgment and two motions to strike — as well as the parties’ briefing on claim construction of the disputed terms in the patent. For the reasons below, the motions to strike and for summary judgment are denied.BACKGROUNDThe disputed patent, U.S. Patent No. 8,720,218 (“the ’218 patent”), relates to a cooling platform that can be used for pets. See Docket No. 24 (“FAC”),

6, 21-25; Docket 57-1 (“Patent”), at 10, col. 1. The cooling platform can be used as a pet bed — that is, “as a place to rest or sleep, for pets such as cats and dogs.” Patent 10, col. 1. It can be made in different sizes and shapes. See id. at 11, col. 3. The basic makeup of the cooling platform includes different attached layers, including a “temperature regulation layer” and a “support layer,” all contained within a “covering layer.” Id. at 12 1. The figures in the patent illustrate this basic design by showing a cross-sectional view of the platform:Patent 5, figure 3; see id. at 10, col. 1. The figures also show a “top angled perspective” of the platform in two different versions (“alternative embodiments”) of the cooling platform:Patent 3, figure 1; id. at 7, figure 8; see id. at 10, col. 1 (describing the figures).Green Pet Shop, which owns the ’218 patent, sells a product that is covered by the patent, called the “Cool Pet Pad.” FAC

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