Owens-Illinois, Inc. v. BTR, plc, No. 1:2005cv02873 - Document 38 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER #99112 re: 28 MOTION for Summary Judgment filed by BTR, plc. BTR's motion for summary judgment that the SDA does not entitle Owens to indemnification is denied, except that it is granted with respect to those losses which ari se out of CCS's claim for CPET's infringing sales of CPTX-312 containers. Since Owen's remaining claims for indemnification do not exceed the SDA's $35 million deductible, the complaint is dismissed, with costs to BTR accord ing to law. The Clerk is directed to enter judgment accordingly. Jurisdiction over this case is retained to resolve any issues regarding the unsealing of the parties' summary judgment motion papers. (Signed by Judge Louis L. Stanton on 6/28/2010) (tro) Modified on 6/30/2010 (ajc).