Wesley Jessen Corp. v. COOPERVISION, INC.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT OF INFRINGEMENT OF UNITED STATES PATENT NO. 5,414,477

INTRODUCTION

This matter is before the Court on Plaintiff Wesley Jessen Corp.’s (alternatively, “Plaintiff’ or ‘Wesley Jessen”) Motion for Summary Judgment. Plaintiff moves for summary judgment on the issue of Defendant Coopervision, Inc.’s (alternatively, “Defendant” or “Coopervision”) alleged infringement of United States Patent No. 5,414,477 (“ ’477 patent”). Plaintiff contends it is entitled to summary judgment on the issue of infringement because the Court has adopted its claim construction of the ’477 patent and the testimony of Defendant’s own witnesses demonstrate that Coopervision’s Frequency Colors and Expressions lenses (collectively, “Coopervision’s lenses,” “Defendant’s lenses” or “accused lenses”) satisfy each and every limitation of claims 1, 13, 15, 22, 23 and 25 of the ’477 patent.

In opposition, Defendant makes only two arguments. First, Coopervision argues that, unlike the lenses described in each of the claims of the ’477 patent, its accused lenses do not have an “uninterrupted jagged border” between the two colors printed on the lens. (Opp’n. at 3).…