Wechsler
Wechsler v. MacKe International Trade, Inc.
Opinion
Opinion
Snyder, J.
ORDER GRANTING SUMMARY JUDGMENT IN PART AND DENYING SUMMARY JUDGMENT IN PART AS TO DEFENDANT ANTHONY O’ROURKE
I. INTRODUCTION
Plaintiff Lawrence I. Wechsler is the inventor of a portable device for feeding animals, for which he owns U.S. Patent No. 5,636,592 (“the ’592 patent”), issued June 10, 1997. In this action, plaintiff alleges that defendant Macke International Trade, Inc. (“Macke”) and Anthony O’Rourke, Macke’s President and Secretary, have infringed the ’592 patent by “importing, using, offering for sale, and selling in the United States, two different products, the ‘Handi-Drink’ and the ‘Handi-Drink 4’ products as well as inducing infringement of the ’592 patent.” Plaintiffs Statement of Genuine Issues of Material Fact (“SGI”) ¶ 1; see also defendants’ Statement of Uncontroverted Facts (“SUF”) ¶ 2. The Handi-Drink products are portable water dispensing and drinking devices for animals, with the Handi-Drink (“HD-1”) being the original device and the Handi-Drink 4 (“HD-4”) being a later, smaller model. SUF ¶ 2.
Plaintiff filed the original complaint in this action on July 19, 1999. Plaintiff subsequently filed a First Amended Complaint (“FAC”) on May 8, 2000, adding…