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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CONTECH STORMWATER SOLUTIONS, INC. :

: v. : : Civil Action No. CCB-07-358 BAYSAVER TECHNOLOGIES, INC., and : ACCUBID EXCAVATION, INC. : ...o0o... MEMORANDUM Now pending before the court is a motion for summary judgment filed by plaintiff Contech Stormwater Solutions, Inc. ("Contech") against defendants BaySaver Technologies, Inc. ("BaySaver") and AccuBid Excavation, Inc. ("AccuBid"). Having already granted the defendants' motion for summary judgment on Contech's infringement claim, the court must now consider the defendants' counterclaims asserting business tort theories and patent invalidity as to Contech's United States Patent Nos. 5,707,527 (the "`527 patent"), entitled "Apparatus and Method for Treating Stormwater," and 6,027,639 (the "`639 patent"), entitled "Self-Cleaning Siphon-Actuated Radial Flow Filter Basket." Contech filed this motion on October 12, 2007 seeking summary judgment on all counterclaims asserted by BaySaver and AccuBid. The issues in this case have been fully briefed and no oral hearing is necessary. For the reasons stated below, Contech's motion will be granted.1

To the extent any information filed under seal is referred to in this opinion it is hereby unsealed as necessary to explain the court's rulings in this case. -1-

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BACKGROUND Contech's complaint involved the possible infringement of patents that grant Contech rights to a specific storm water filtration method and apparatus. The court previously granted BaySaver's and AccuBid's motion for summary judgment on the infringement claim, finding that the BayFilter, the accused device, did not literally infringe the `527 and `639 patents as construed by the court. Contech Stormwater Solutions Inc. v. BaySaver Techs. Inc., 2007 WL 2872074 (D. Md. 2007). BaySaver's and AccuBid's still pending counterclaims assert that Contech's patents are invalid and that Contech committed various business torts. More specifically, BaySaver and AccuBid argue that Contech's patents are invalid as either anticipated or obvious under 35 U.S.C.

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Maryland Law