The court granted defendants' motion for summary judgment of lack of constructive notice where plaintiffs could not establish compliance with the marking requirement. "[E]vidence of current company policy and practice, without any other evidence of compliance with the marking requirement during the relevant time period, is insufficient to overcome a motion for summary judgment. . . . The plaintiffs merely speculate that molds sold to other . . . customers would have been marked based on their policy and practice. Importantly, they fail to offer any photographs, affidavits, testimony, or supplementary declarations from any . . . customers confirming marking on their molds."
von Holdt v. A-1 Tool Corp., 1-04-cv-04123 (ILND May 17, 2010, Memorandum) (Manning, J.)