MPT, Inc. v. Marathon Labels, et al.
Jan 12, 2007OUTCOME: Verdict for client of infringement, patent valid.
In 2006, Cleveland partner Tom Shunk, assisted by associate Dave Kitchen, tried a patent infringement case regarding a transportation business method patent to a jury in the Cleveland, Ohio federal cou ... rt. The Baker team represented the plaintiff in the matter, MPT, Inc., an affiliate of one of the nation’s premier manufacturers and suppliers of labeling materials used for just-in-time shipments through returnable packaging. MPT sought to protect its method for labeling and relabeling reusable containers for parts shipments that had become the gold standard for parts delivery methods in the automotive industry. The claims in the case spread across three separate patents and involved significant challenges to the validity of the patents both on grounds of anticipation and on grounds of “written description” insufficiencies. The two-week jury trial resulted in a judgment for Baker’s client, MPT, of infringement, patent validity, and willful misconduct by the two defendant companies. The matter was appealed, successfully defended on appeal at the Federal Circuit by Mr. Shunk, and then appealed for a second time on procedural grounds to the Federal Circuit. Mr. Shunk successfully defended the judgment during the second appeal and the judgment for MPT remains. The case was MPT, Inc., v. Marathon Labels, et al., case no. 1:04-cv-2357 (USDC ND Ohio), and is reported at MPT, Inc. v. Marathon Labels, Inc., 505 F. Supp. 2d 401, 423 (N.D. Ohio 2007). The opinion in the first appeal is reported at MPT, Inc. v. Marathon Labels, Inc., 258 Fed. Appx. 318 (Fed. Cir. 2007).
