Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00608-MPT Document 390-2 Filed O2/14/2008 Page 1 of 4
REVISED EXI-IIBIT A
LIST OF UNCONTESTED FACTS
I. The Parties
l. One party is Crown Cork & Seal USA, Inch, which may also be referred to as
“Crown USA."
2r Crown USA is a Delaware corporation, and Philadelphia, Pennsylvania is its
principal place of business Crown USA is in the business of manufacturing and selling
aluminum beverage can ends and can bodies.
3. The other party is Rexarn Beverage Can Company, which may also be referred to
as "Rexam."
4. Rexam is a Delaware corporation Rexarn is in the business of manufacturing,
and selling aluminum beverage can ends and can bodies. Rexarn is also a research, development
and engineering company specializing in metal packaging for the beverage and food industry,
including aluminum and steel packaging.
5. National Can Company and American National Can Company are predecessor
corporations to Rexarn,
II. Basic Teclmolog and Terminology
6. An aluminum beverage can is manufactured in two pieces.
7, One piece is formed into a "can body," through a process called “drawlng and
ironing." A can body that has been "drawn and ironed" has a bottom, a cylindrical side wall, and
an open top.
8. The other piece of an aluminum beverage can is the lid or top that is used to close
off tl upper, open end of the can body. in the can manufacturing industry, this iid is re:l:`erred to
as a “can encl.”
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9. Can ends are joined or seamed to a can body after the can has been iiiled with a
beverage, The can manufacturing industry refers to this process as “doub1e searning,"
HI. The Rexam 242 Patents
A. The 242 patent
10, On December 16, 1997, the Patent and Trademark Office issued U .S, Patent No.
5,697,242, titied Method and Apparatus for Reforming Can Bottom to Provide improved
Strength? This patent may also be referred to as the "242 patent."
I 1. Rexam owns the 242 patent, and has the right to bring suit for intiingement ofthe
patent and the right to recover damages for infringement ofthe patent.
12. Rexam’s 242 patent is directed to methods and apparatus for reforming the
bottom of alurnirium beverage cans.
B. Cr0wn’s Accused Can Bodies
13., The can bodies inarked CCSOO60244P and PP are representative ofthe can
bodies that have been and continue to be made and sold by Crown USA from Crown USA’s Fort
Bend Texas Facility in the United States.
E4, Crown Production document CCSM}55251 is a true and correct, authentic, and
representative drawing ofthe can bodies that have been and continue to be made and sold by
Crown USA from Crown U SA’s Port Bend Texas Facility in the United States,
15. Crown USA manufactures can bodies at Crown USA’s Fort Bend, Texas plant
using Beivac 595K neckers/tiangers/reformers,
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IV. The Rexam 230 and 728 Patents
A. The 230 Patent
16. On October 10, 2000, the Patent and Tradema.rl< Office issued U.S. Patent No.
6,l29,.230, titled "End Closure with Improved Non—Detachable Opening Panel" This patent may
also be referred to as the ".230 patent?
17. Rexam owns the 230 patent, and has the right to bring suit for infringement of the
patent and the right to recover damages for iniringement of the patent.
B. The 728 patent
18. On July 17, 2001, the Patent and Tradeinark Office issued U.S. Patent No.
6,260,728, also titled ‘°End Closure with improved Non—Detachable Opening Panel? This patent
may also be referred to as the "728 patent.”
19. Rexani owns the 728 patent, and has the right to bring suit for iiihingenient ofthe
patent and the right to recover damages for infringement ofthe patent.
C. Cr0wn’s Accused Standard LOE Can Ends
.20. Crown production documents CCS29· the LOE can ends that had been made and sold by Crown USA.
21. Crown production document CCS003503.2 is a true and correct, authentic, and
representative drawing ofthe LOE can ends that had been made and sold by Crown USA.
2.2. The accused standard LOE can ends were made by Crown USA under the Code
BZ—.202—A107 and are further identilied as saies classes 31700 and 36700.
23. Exhibit 467 is a true and correct, authentic, and representative drawing ofthe
score caps for the Superljnd, SuperEnd SP, and SuperlE·`.nd DA can ends that have been and
continue to be made and sold by Crown USA
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24, Exhibit IZGB is representative ofthc rc-designed LOB can ends that are mow
being made and sold by Crown USA.
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