Ulead Systems, Inc. v. Lex Computer & Management Corp.

Good Law

130 F. Supp. 2d 1137·2001 WL 111156·58 U.S.P.Q. 2d (BNA) 1366·2001 U.S. Dist. LEXIS 2983

United States District Court, Central District of CaliforniaJanuary 22, 2001CV 98-5880 DT(CTx)California5,625 words

Opinion

Tevrizian, J.

ORDER GRANTING ULEADS’ (CALIFORNIA AND TAIWAN) JOINT MOTION NO. 1 FOR SUMMARY JUDGMENT OF UNENFORCE-ABILITY, INVALIDITY AND/OR EXPIRATION OF U.S. PATENT NO. 4,538,188

Background

A. Introduction

This action is brought by Plaintiff Ulead Systems, Inc., a California corporation, (“Ulead”) against Defendant Lex Computer & Management Corp. (“Lex”) for Declaratory Judgment of Non-Infringement, Invalidity and Unenforceability of U.S. Patent No. 4,538,188 . Plaintiff and Counter-Defendant Ulead-California and Cross-Defendant and Counter-Claimant Ulead-Taiwan in Motion No. 1 for Summary Judgment of Unenforceability, Invalidity and/or Expiration of U.S. Patent No. 4,538,188 jointly move the Court for an order pursuant to Rule 56 of the Federal Rules of Civil Procedure granting Summary Judgment on their respective claims for a judicial declaration that U.S. Patent No. 4,538,188 (the “ ’188 Patent”) is unenforceable and/or invalid due to the inequitable conduct of Defendant, Counter-Claimant, Cross-Claimant and Counter-Defendant Lex and its President, lead counsel, and sole shareholder, Simon V. Haberman, and is expired due to Lex’s failure to pay the maintenance fees required under 35…

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