Carl Zeiss Vision International GMBH et al v. Signet Armorlite Inc

Filing 1169

INTERIM JUDGMENT. The parties shall file their opening brief in support of their respective post-trial motions on or before June 30, 2011. Opposition briefs shall be filed on or before July 14, 2011, and reply briefs shall be filed on or before July 21, 2011. The motions shall be heard on July 29, 2011, at 1:30 p.m. Signed by Judge Dana M. Sabraw on 6/2/11.(All non-registered users served via U.S. Mail Service)(lao)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CARL ZEISS VISION INTERNATIONAL
GMBH and CARL ZEISS VISION INC.,,

CASE NO. 07cv0894 DMS (POR)
INTERIM JUDGMENT

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Plaintiffs,
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vs.
SIGNET ARMORLITE, INC.,

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Defendant.
____________________________________

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AND ALL RELATED COUNTERCLAIMS.

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Pursuant to Rules 54(b) and 58 of the Federal Rules of Civil Procedure, the Court enters

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interim judgment as described herein. This interim judgment is entered further to the jury verdict

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returned on June 15, 2010, and May 18, 2011, and in accordance with the Court’s January 15, 2010

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order granting summary judgment, June 7, 2010 ruling granting judgment as a matter of law,

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September 13, 2010 order granting judgment as a matter of law, and November 8, 2010 order granting

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judgment as a matter of law.

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invalid.

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2.

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equivalents and invalid as anticipated and obvious.

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Claim 1 of U.S. Patent No. 6,089,713 is adjudged literally and willfully infringed and not

Claim 5 of U.S. Patent No. 6,089,713 is adjudged willfully infringed under the doctrine of

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07cv0894

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3.

Claim 6 of U.S. Patent No. 6,089,713 is adjudged literally and willfully infringed and not

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invalid.

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4.

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anticipated, obvious and not enabled.

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Claim 8 of U.S. Patent No. 6,089,713 is adjudged valid.

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Signet did not prove by clear and convincing evidence that claims 1, 5, 6, 7 and 8 of U.S.

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Patent No. 6,089,713 are invalid for indefiniteness or lack of written description.

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7.

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Zeiss Vision GmbH, Carl Zeiss Vision International GmbH, Carl Zeiss Vision, Inc., Carl Zeiss

Claim 7 of U.S. Patent No. 6,089,713 is adjudged not willfully infringed and invalid as

On Signet’s counterclaim for federal unfair competition, judgment is entered in favor of Carl

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Stiftung and Carl Zeiss AG.

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of Carl Zeiss Vision GmbH, Carl Zeiss Vision International GmbH, Carl Zeiss Vision, Inc., Carl Zeiss

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Stiftung and Carl Zeiss AG.

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favor of Carl Zeiss Vision GmbH, Carl Zeiss Vision International GmbH, Carl Zeiss Vision, Inc., Carl

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Zeiss Stiftung and Carl Zeiss AG.

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favor of Carl Zeiss Vision GmbH, Carl Zeiss Vision International GmbH, Carl Zeiss Vision, Inc., Carl

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Zeiss Stiftung and Carl Zeiss AG.

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Carl Zeiss Vision GmbH, Carl Zeiss Vision International GmbH, Carl Zeiss Vision, Inc., Carl Zeiss

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Stiftung and Carl Zeiss AG.

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12.

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conduct and unfair competition under California Business and Professions Code § 17200, the Court

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declines to enter judgment on the damages verdict at this time.

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13.

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On Signet’s counterclaim for common law unfair competition, judgment is entered in favor

On Signet’s counterclaim for interference with contractual relations, judgment is entered in

On Signet’s counterclaim for interference with prospective advantage, judgment is entered in

On Signet’s counterclaim for violation of the antitrust laws, judgment is entered in favor of

In anticipation of the parties’ post-trial motion and resolution of the issues of inequitable

The parties shall file their opening brief in support of their respective post-trial motions on or

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before June 30, 2011. Opposition briefs shall be filed on or before July 14, 2011, and reply briefs

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shall be filed on or before July 21, 2011. The motions shall be heard on July 29, 2011, at 1:30 p.m.

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IT IS SO ORDERED.
DATED: June 2, 2011

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HON. DANA M. SABRAW
United States District Judge

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07cv0894