In its September 8, 2021, Claim Construction Order, the District Court of Colorado adopted substantially all of Willenken’s proposed constructions for seven contested terms of eight patent claims, placing Willenken’s client, All Plastic, Inc., in an extremely advantageous position for the upcoming trial.
In May 2020, on behalf of its client All Plastic, Inc., a leading manufacturer of containers used in the cannabis industry, Willenken brought a patent infringement lawsuit in the District Court of Colorado against SamDan LLC, which does business as Smokus Focus, and its owners, alleging that the web-based retailer was counterfeiting All Plastic’s patented containers that allow consumers to see and smell marijuana flower, while keeping the product sealed.
On September 8, 2021, “[h]aving carefully reviewed the briefing and the arguments offered by the Parties at the July 2, 2021, Markman hearing, and applicable law,” the District Court of Colorado issued its Claim Construction Order adopting substantially all of Willenken’s proposed constructions for the contested terms, an excellent outcome for Willenken’s client All Plastic.
Smokus Focus had sought to narrow the asserted patent by proposing narrow constructions for seven terms of eight patent claims asserted against Smokus Focus in the lawsuit. During the Markman hearing and in its briefing, Willenken argued that none of the terms needed construction, but proposed alternative constructions for two of the contested terms.
In all cases, Willenken’s construction, or one that was substantially similar to Willenken’s proposed construction, was adopted by the District Court of Colorado. Smokus Focus was denied the narrow interpretation of the patent they sought, and All Plastic is in a very advantageous position for the imminent trial and settlement discussions.
This case was set to go to trial in Spring 2022, but successfully settled right before trial.
