Lucasey Manufacturing Corp. v. Anchor Pad International, Inc.

MEMORANDUM AND ORDER

I. Background

Plaintiff Lucasey Manufacturing Corporation sues defendant Anchor Pad International for declaratory relief that plaintiff’s office equipment security devices do not infringe defendant’s U.S. Patent No. 3,850, -392 (the “ ’392” patent). Defendant has cross-claimed for a determination that the ’392 patent is valid and infringed by plaintiff’s product. Plaintiff has also alleged that defendant’s threats of litigation against and communications with plaintiff’s distributors and customers constitutes unfair competition.

Plaintiff now seeks a preliminary injunction against what it asserts are acts of unfair competition.

Defendant’s ’392 patent is for an equipment security device to prevent the ready theft of business machines such as typewriters and computers. The patent is restricted to devices that are adhesively secured to a supporting surface, rather than secured by nuts and bolts which require drilling. Plaintiff also produces office equipment security devices which it refers to as “glue down units.”

Defendant has contended since at least 1984 that plaintiff’s security devices infringe on the ’392 patent. Since that time, defendant has…