Calmar, Inc. v. Emson Research, Inc.

ORDER GRANTING EMSON’S MOTION TO AMEND ITS ANSWER; ORDER DENYING EMSON’S MOTION TO BIFURCATE TRIAL OF THE ISSUE OF WILLFULNESS AND TO STAY DISCOVERY OF RELATED ATTORNEY OPINIONS; ORDER GRANTING EMSON’S MOTION FOR PARTIAL SUMMARY JUDGMENT

Background

This action arises out of an alleged patent infringement. Defendant Emson Research, Inc. (“Emson”) alleges it has been making the accused pump sprayers (a ball type PMP pump sprayer which “burp” down the dip tube) since at least 1981.

On August 7, 1992, Plaintiff Calmar, Inc. (“Calmar”) brought the instant action against Emson alleging that the pump sprayers manufactured and sold by Emson infringe Cal-mar’s patent, U.S. Patent No. 4,051,983 (“the Anderson patent” or “the ’983 patent”). Cal-mar, through its counsel, has since confirmed that it asserts its claims of patent infringement against these ball type sprayers whether they use a groove or a bump to “burp” down the dip tube.

On August 21, 1992, Emson brought to Calmar’s attention, U.S. Patent No. 4,144,987 (“the Kishi patent”), which was not before the Patent and Trademark Office (“PTO”) and which teaches the “down the dip tube” burping which Calmar had told the patent office…