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Arlington Industries, Inc. v. Bridgeport Fittings

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 6, 2008

ARLINGTON INDUSTRIES, INC., PLAINTIFF
v.
BRIDGEPORT FITTINGS, INC., DEFENDANT
BRIDGEPORT FITTINGS, INC., PLAINTIFF
v.
ARLINGTON INDUSTRIES, INC., DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 6th day of March, 2008, upon consideration of the motion for partial summary judgment (Doc. 300), in which Bridgeport Fittings, Inc. ("Bridgeport") seeks summary judgment on the breach of contract counterclaim against it by Arlington Industries, Inc. ("Arlington"),*fn1 arguing that its new products are not "colorable imitations" of its previously admitted infringing products, and it appearing that Bridgeport relies on cases involving contempt proceedings,*fn2 but that Bridgeport does not explain how the ratio decidendi of these cases is applicable to the breach of contract claim in the instant matter,*fn3 it is hereby

ORDERED that the motion for partial summary judgment (Doc. 300) is DENIED without prejudice to Bridgeport's right to seek summary judgment on Arlington's breach of contract claim in accordance with the schedule in the above-captioned matter (see Doc. 379).

CHRISTOPHER C. CONNER United States District Judge


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