from the United States District Court for the Southern
District of New York in No. 1:15-cv-02465-LTS, Judge Laura
Chikezie Ottah, Brooklyn, NY, pro se.
C. Cimino, Jr., Venable LLP, Washington, DC, for
defendant-appellee Fiat Chrysler. Also represented by Megan
S. Woodworth; Todd M. Nosher, New York, NY.
Thomas Ewald, Oliff PLC, Alexandria, VA, for
defendant-appellee Toyota. Also represented by John W.
O'Meara, James Oliff.
Reginald J. Hill, Jenner & Block LLP, Chicago, IL, for
defendant-appellee Nissan Motors Co. Limited. Also
represented by Peter J. Brennan.
Jun-Suk Park, Arnold & Porter Kaye Scholer LLP,
Washington, DC, for defendant-appellee Hyundai Motor America.
Also represented by James Alexander Kaiser; Nicholas Lee, Los
R. Mudd, Erise IP, P.A., Overland Park, KS, for
defendant-appellee Ford Motor Company. Also represented by
Eric Allan Buresh.
Matthew J. Moore, Lathan & Watkins LLP, Washington, DC,
for defendant-appellee Jaguar Land Rover North America. Also
represented by Gabriel Bell; Clement J. Naples, New York, NY.
Michael Supko, Crowell & Moring, LLP, Washington, DC, for
defendant-appellee General Motors LLC. Also represented by
Scott Bittman, New York, NY.
Grunfeld, Morgan, Lewis & Bockius LLP, Los Angeles, CA,
for defendant-appellee Kia Motors America, Inc. Also
represented by Jason Evan Gettleman, Michael John Lyons,
Jacob Joseph Orion Minne, Palo Alto, CA.
Newman, Hughes, and Stoll, Circuit Judges.
Newman, Circuit Judge.
Ottah (herein "Ottah") appeals the decision of the
United States District Court for the Southern District of New
York. The district court granted summary
judgment of non-infringement to several defendant automobile
companies with respect to U.S. Patent No. 7, 152, 840
("the '840 Patent"), and dismissed the
complaint with prejudice as to several other automobile
companies. We have reviewed, and now affirm, the district
'840 Patent is entitled "Book Holder, " and
describes the invention as "a removable book holder
assembly for use by a person in a protective or mobile
structure such as a car seat, wheelchair, walker, or
stroller." '840 Patent at col. 1, ll. 6-9. The book
holder is described as "having an adjustable, releasable
clipping means and a support arm configured for . . .
adjustment of the book supporting surface of the book holder
to hold a book in a readable position in front of the
user." Id. at col. 1, ll. 9- 13.
"Background of the Invention" the '840 Patent
recites disadvantages associated with prior art book holders,
such as "[t]he book holders in the prior art lack the
ease of application to a mobile vehicle such as a wheelchair
or stroller to allow the reader to have mobility to explore
their environment in a stationary sitting or reclining
position while reading a book supported on the mobile
device." Id. at col. 1, ll. 48-53. The '840
Patent recites ten "object[s] of the present invention,
" including "provid[ing] a book holder that can be
easily and removably attached to and removed from a bar or
portion of the mobile vehicle without tools."
Id. at col. 1, ll. 64-67. Eight of the ten objects
refer to the advantages of ...