Sharper Image Corp. v. Neotec, Inc.

Good Law

373 F. Supp. 2d 993·2005 WL 1415026·77 U.S.P.Q. 2d (BNA) 1462·2005 U.S. Dist. LEXIS 17360

United States District Court, Northern District of CaliforniaJune 3, 2005C 03-4426 CWCalifornia3,157 words

Opinion

Wilken, J.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Defendant Indoor Purification Systems, Inc. (IPS) moves for summary adjudication of the claims of Plaintiffs Sharper Image Corporation and Zenion Industries, Inc. for patent infringement, and of Defendant’s counter-claim for declaratory judgment of patent invalidity and non-infringement. Plaintiffs oppose the motion. The matter was heard on May 20, 2005. Having considered the parties’ papers, the evidence cited therein and oral argument on the motion, the Court GRANTS Defendant’s motion for summary judgment.

BACKGROUND

On December 6,1988, Zenion was issued U.S. Patent No. 4,789,801 (’801 patent). Claim 24 of the ’801 patent was not issued until January 14, 2008, after the original ’801 patent was reexamined by the United States Patent and Trademark Office. The ’801 patent discloses technology that purports to reduce the amount of ozone and nitrogen oxide produced by elec-tro-kinetic transducers. Electro-kinetic transducers purportedly convert electrical energy into the fluid flow of air by, for example, using a high voltage generator to charge positively one set of electrodes and to charge negatively another set of…

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