12345678910111213141516171819202122232425262728matter of law on the issues of shop right, best mode, inventorship, and the quantity of infringingcement sold by Defendants (“Plaintiffs’ Rule 50 Motion”).After considering all arguments and papers submitted, the Court GRANTS Defendants’Rule 50 Motion as to shop right. The Court also GRANTS Defendants’ Laches and EstoppelMotion. The parties’ remaining Motions are DENIED as moot.
Ultimax and CTS Cement Manufacturing Corp. (“CTS”) both produce rapid-hardening,high-strength cement.
See generally Ultimax Cement Mfg. Corp. v. CTS Cement Mfg. Corp.
,587 F.3d 1339 (Fed. Cir. 2009). Hassan Kunbargi, the owner of Ultimax, and Edward K. Rice,the owner of CTS, have a long history together. In the mid-1980s, Kunbargi beganexperimenting with cement chemistry as a graduate student at UCLA. Rice became Kunbargi’smentor and sought an adjunct faculty position at UCLA to serve as Kunbargi’s advisor.Kunbargi began working for Rice in 1985 and started working for CTS no later than1987. In the summer of 1988, while working for Rice and CTS at the Riverside CementCompany, Kunbargi participated in experiments involving rapid-hardening, high-strengthcement. Later in 1988, while working on a project for Rice and CTS at the Heartland CementSales Company cement plant in Independence, Kansas, Kunbargi participated in a burnexperiment (known as “Burn One” or the “Heartland Burn”) which resulted in the production of a novel form of rapid-hardening, high-strength cement.Kunbargi stopped working on Rice’s projects in early 1989, and in September 1990,Kunbargi received U.S. Patent 4,957,556 patent (“‘556 patent”) titled “Very Early Setting HighStrength Early Cement.” Ultimax now owns the ‘556 patent.Twelve years after receiving the ‘556 patent, Plaintiffs sued Defendants for misappropriation of trade secrets, various business torts, infringement of claims 9-11 of the ‘556 patent, and infringement of various claims of U.S. Patents 6,113,684 and 6,406,534. In 2004,the previous district court granted Defendants’ motion for summary judgment as to claim 9 of
Case 8:02-cv-00578-AG-AN Document 1617 Filed 04/20/12 Page 2 of 28 Page ID#:17931