Flexiteek Americas, Inc., et al. vs. Plasteak, Inc., et al

Case Summary: 12-cv-60215

This is an action pending in the Southern District of Florida for patent infringement arising under federal patent laws. On February 6, 2012, Plaintiffs Flexiteek Americas, Inc. and its parent company filed a complaint against Defendants Plasteak, Inc. and Plasdeck, Inc. alleging infringement of Plaintiff’s patent for a “Shape Conforming Surface Covering.” The alleged violation stems from Defendants’ manufacture, use, and sale of a product known as “PlasDeck,” which is a composite material resembling teak wood that is used for decking material on boats. Plaintiffs are seeking damages as well as injunctive relief.

In many patent cases, the court will hold a claims construction or “Markman” hearing to receive evidence and arguments concerning the meaning of relevant terms in the patent at issue. The judge then determines the meaning of language in the patent as a matter of law. The court had scheduled a Markman hearing in this case but determined that the parties were unprepared to proceed with that hearing. Instead, the court ordered the parties to conduct a “technology tutorial” to assist the court in understanding the underlying technology and prior art. This video shows the technology tutorial held on June 6, 2013.

On August 23, 2013, Defendant filed a Motion for Summary Judgment, which the court subsequently granted.

Case Highlights

• Complaint filed 2/06/2012 (Doc #1)
• Answer filed 04/23/2012 (Doc #9)
• Markman hearing held 6/06/2013 (Doc #138)
• Defendant filed Motion for Summary Judgment 8/23/2013 (Doc #196)
• Order granting Defendant’s Motion for Summary Judgment 12/02/2013 (Doc #255)

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit Pacer.gov.