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Summary Judgment Granted in Beverage Can Case


On December 21, 2007, Magistrate Thynge granted summary judgment to Reexam Beverage Co. finding that two claims of US Patent No. 5,697,242 were infringed. Crown Packaging Tech. Inc. v. Reexam Beverage Can Co., C.A. No. 05-608-MPT, Memo. Order (D. Del. Dec. 21, 2007). The patent-at-issue involved methods for “reforming the bottom of a can body or can base” to make the can stronger while using less metal. Id. at 3. The Court found that Crown’s technical drawings, physical can samples and testimony of its witnesses demonstrated infringement of two claims of the patent-in-suit.

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