Australia Vision Services Pty. Ltd. v. Dioptics Medical Products, Inc.

AMENDED ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT AND INVALIDITY OF THE ’083 PATENT

I.

Introduction

Plaintiff Australia Vision Services (“Vision Services”) brought this action for damages against defendants Dioptics Medical Products and Henry Lane (collectively “Dioptics”) alleging willful infringement of Design Patent No. 387,083 (“ ’083 patent”), issued December 2, 1997. The ’083 patent claim concerns the ornamental design for a pair of sunglasses that fit over prescription glasses. Vision Services asserts claims for patent infringement and trade dress infringement in its complaint.

Pending before the Court is Dioptics’ Motion for Summary Judgment of Non-Infringement and Invalidity of the ’083 patent. Upon full consideration of the moving, opposition, reply papers, and oral arguments, the Court hereby GRANTS defendants’ motion for summary judgment with respect to non-infringement, but DENIES summary judgment of the invalidity of the ’083 patent as there are material issues of fact in dispute.

II.

Material Facts

The parties do not dispute the following facts. Plaintiff Vision Services is a corporation located in…