Cybiotronics, Ltd. v. Golden Source Electronics, Ltd.

ORDER RE: MOTIONS FOR SUMMARY JUDGMENT (FED.R.CIV. PR0.56) BY DEFENDANT SMOOTHLINE, LTD.

This case involves cordless telephone and caller identification technology, the subject of three patents which Plaintiff claims are infringed by various products manufactured and/or sold by Defendants. Defendant Smoothline has filed two Motions for Summary Judgment, one under 35 U.S.C. § 287 (a) alleging insufficient notice of Plaintiffs patents, and one under 35 U.S.C. § 271 claiming lack of infringing activity within the United States. The Motions came on for a regular hearing before this Court on February 12, 2001. After review of all of the papers filed by the parties, the case file, and oral argument, the Court hereby GRANTS the Motion pursuant to 35 U.S.C. § 287 (a), and also hereby GRANTS the Motion pursuant to 35 U.S.C. § 271 .

I. PROCEDURAL HISTORY

On October 12, 1999, Plaintiff CYBIO-TRONICS, LTD. (“Plaintiff,” or “Cybio-tronics”) commenced this civil action by filing a Complaint naming Defendants GOLDEN SOURCE ELECTRONICS, LTD. (“Golden Source”) and SMOOTH-LINE, LTD. (“Smoothline”). The Complaint alleges ownership by the Plaintiff of three patents related to telephone and caller…