Milbank secured a favorable ruling on appeal that affirmed a district court’s grant of summary judgment in favor of The Sun Products Corporation.
In May 2012 Cot'n Wash Inc. and Big 3 Packaging LLC sued Sun, alleging that Sun’s unit dose laundry packets sold under well-known brand names such as All® and Wisk® infringed certain claims of U.S. Patent No. 6,037,319 relating to water soluble packets containing liquid cleaning concentrates. Milbank filed motions for summary judgment in March 2014. In August 2014, the District Court for the District of Delaware granted Sun’s motion for summary judgment of non-infringement and adopted Sun’s claim construction for all critical patent claim terms.
Cot’n Wash and Big 3 Packaging appealed the district court’s decision. The Court of Appeals for the Federal Circuit heard oral argument on June 1, 2015. Three days later, on June 4, 2015, the Court affirmed (without opinion) the district court’s decision in Sun’s favor.
The Milbank team will now pursue a motion seeking recovery of Sun’s attorney’s fees pending before the district court.
The team representing Sun Products was led by Intellectual Property partner Errol Taylor and included Intellectual Property partner Fredrick Zullow and associates Anna Brook and Nangah Tabah.
