Chaparral Industries, Inc. v. Boman Industries, Inc.
Opinion
Opinion
Davies, J.
This patent infringement suit was brought by Chaparral Communications, Inc. (Chaparral) against Boman Industries, Inc. (Boman). Chaparral claims infringement under 35 U.S.C. § 271 . The action was tried to the Court commencing July 7, 1987.
The Issues
The complaint was filed on November 7, 1983. Four claims for relief were stated, including infringement by Boman of Chaparral’s U.S. Patent 4,414,516. On October 6, 1984, Chaparral filed its First Amended and Supplemental Complaint reasserting its original claims and adding others.
On January 28, 1986, the Honorable Pamela Ann Rymer ruled on Boman’s Motion for Partial Summary Judgment on certain issues and claims central to Chaparral’s Supplemental Complaint. Judge Rymer granted summary judgment on Count Two, infringement of the design patent ( U.S. Patent No. 272,910 ); Count Three, trademark infringement; and Count Five, false designation of origin. The motion was denied on Count One, infringement of the utility patent.
This ruling, coupled with certain stipulations of the parties, limited the trial of the action to the issues raised by Chaparral’s first cause of action for infringement and Boman’s first counterclaim…