United States District Court, D. Minnesota
JODI A. SCHWENDIMANN, f/k/a JODI A. DALVEY Plaintiff,
ARKWRIGHT ADVANCED COATING, INC. Defendant. ARKWRIGHT ADVANCED COATING, INC. Counterclaim Plaintiff,
JODI A. SCHWENDIMANN, f/k/a JODI A. DALVEY and COOLER CONCEPTS, INC. Counterclaim Defendants.
A. Davenport, Devan V. Padmanabhan, and Michelle E. Dawson,
WINTHROP & WEINSTINE, PA, for Jodi A. Schwendimann and
Cooler Concepts, Inc.
Katherine J. Rahlin, Kurt J. Niederluecke, and Laura L.
Myers, FREDRIKSON & BYRON, PA, for Arkwright Advanced
MEMORANDUM OPINION AND ORDER
R. TUNHEIM CHIEF JUDGE
Jodi Schwendimann brought this patent-infringement action
against Arkwright Advanced Coating, Inc.
(“AACI”), for infringement of a number of patents
related to dark T-shirt transfer technology. The jury
returned a verdict in favor of Schwendimann, finding that
“Schwendimann has proven that AACI has directly
infringed at least one claim of the '623, '581,
'475, '042, or '554 Patents.” AACI renews
its motion for judgment as a matter of law that it does not
infringe the Schwendimann patents. In the alternative, AACI
moves for a new trial on this issue. The Court will deny both
of AACI's motions.
companies, NuCoat and Cooler Concepts, manufacture and sell
specialty paper products, including inkjet image-transfer
paper or sheets. Schwendimann alleged that AACI's
“888” and “889” products infringe
five of Schwendimann's patents:
1. U.S. Reissued Patent No. RE41, 623 (“the '623
2. U.S. Patent No. 7, 749, 581 (“the '581
3. U.S. Patent No. 7, 754, 042 (“the '042
4. U.S. Patent No. 7, 766, 475 (“the '475
5. U.S. Patent No. 7, 771, 554 (“the '554
of the '623 Patent provides:
An image transfer sheet, comprising:
a colored[, ] substrate comprising woven, fabric based
material, or paper;
a release layer overlaying the substrate, wherein the release
layer is impregnated with titanium oxide or other white
pigment or luminescent pigment; and
a polymer layer.
(Trial Ex. P005 (“'623 Patent”) at 15, Nov.
20, 2017, Docket No. 751.)
24 of the '581 Patent provides:
An image transfer article, comprising:
a removable substrate including a substrate surface overlaid
with a release coating; and
a first layer overlaying the release coating, the first layer
configured to be overlaid with at least a second layer
configured to receive indicia;
wherein the first layer includes a concentration or
configuration of pigment providing an opaque background
having a substantially non-transparent effect for received
and transferred indicia.
(Trial Ex. P001 (“'581 Patent”) at 17, Nov.
20, 2017, Docket No. 751.)
26 of the '581 Patent, which depends from claim 24,
The article of claim 24, wherein the second layer includes an
of the '475 Patent provides:
An ink-jet transfer article, comprising:
a substrate member including a substrate ...