Free Motion for Partial Summary Judgment - District Court of Federal Claims - federal

Case 1:05-cv-01075-TCW

Document 58

Filed 07/02/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) SEVENSON ENVIRONMENTAL ) SERVICES, INC., ) ) Plaintiff, ) ) Case No.: 05-1075C ) Judge Thomas C. Wheeler vs. ) ) THE UNITED STATES, ) ) Defendant, ) and ) ) SHAW ENVIRONMENTAL, INC., ) ) Defendant-Intervenor. ) )

SEVENSON ENVIRONMENTAL SERVICES, INC.'S MOTION FOR PARTIAL SUMMARY ADJUDICATION RELATING TO INFRINGEMENT Plaintiff Sevenson Environmental Services, Inc. ("Sevenson") moves for summary adjudication that the Government's use of phosphoric acid at the hazardous waste site located in Colonie, New York to reduce the amount of leachable lead in the soil to acceptable regulatory levels falls within the scope of the asserted claims of the Sevenson patents-at-issue. The Sevenson patents are based upon treatment methods employing phosphate and sulfate as treatment chemicals. The relevant facts for purposes of Sevenson's Motion have been stipulated to by the parties. The Government used phosphoric acid (with the tradename "Prayphos P5") at the Colonie Site. Prayphos P5 phosphoric acid contains, inter alia, phosphate anions and sulfate. Using Prayphos P5 phosphoric acid, the Government was successful in reducing the amount of leachable lead to below the EPA's standard of 5.0 mg/l using the TCLP

Case 1:05-cv-01075-TCW

Document 58

Filed 07/02/2007

Page 2 of 2

test criteria. By this Motion, Sevenson asks the Court to summarily adjudicate that the Government's use of the Prayphos P5 phosphoric acid at the Colonie Site falls within the scope of the asserted Sevenson patent claims. In support of its Motion, Sevenson relies on the accompanying Memorandum in Support, the Declaration of Brian E. Ferguson and attached exhibits. Respectfully submitted, Dated: __July 2, 2007_____ _s/Brian E. Ferguson____________________ Brian E. Ferguson McDERMOTT WILL & EMERY LLP 600 13th Street, N.W. Washington, D.C. 20005 (202) 756-8000 [email protected] WEBSTER SZANYI LLP Kevin A. Szanyi Nelson Perel 1400 Liberty Building Buffalo, New York 14202 (716) 842-2800 [email protected] Attorneys for Plaintiff, Sevenson Environmental Services, Inc.

WDC99 1418487-1.057200.0012

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