In Motivation Innovations LLC v. Ulta Salon Cosmetics & Fragrance Inc., Civ. No. 11-615-SLR (D. Del. July 22, 2014), Judge Sue L. Robinson considered defendant’s motions for summary judgment of invalidity, non-infringement, and a Daubert motion to preclude plaintiff’s expert.
Having construed the means-plus-function claims in its order issued on the same day, the Court denied the motion for summary judgment of invalidity as to indefiniteness. Id. at 3-4. The Court also found that defendant had not shown that the claims were anticipated; its argument did not refer to expert testimony and was “superficial.” Id. at 4.
As to the Daubert motion, defendant pointed to the expert’s “lack of formal education,” but the Court pointed out that this expert had 38 years of experience in the relevant field and concluded that the expert was sufficiently qualified. Id. at 8. The Court did exclude this expert’s testimony to the extent it was incompatible with the Court’s construction. Id. At 10. Examining the expert’s non-excluded testimony as to infringement and in light of the Court’s construction, the Court disagreed with the expert’s infringement analysis and granted motion for summary judgment on the basis of no literal infringement. Id. at 11, 13. The Court also granted the motion as to non-infringement under the doctrine of equivalents. Id. at 16.