Wechsler
Wechsler v. MacKe International Trade, Inc.
Opinion
Opinion
Snyder, J.
PROCEEDINGS: DEFENDANTS’ MOTION FOR JMOL PRECLUDING LOST PROFITS DAMAGES (filed November 12, 2004)
I. FACTUAL AND PROCEDURAL BACKGROUND
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 on June 10, 1997. In this action, plaintiff alleges that defendants 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, filed on January 23, 2004, at ¶ 1; see also defendants’ Statement of Uncontroverted Facts, filed on January 8, 2004, at ¶ 2. Plaintiff filed the original complaint in this action on July 19, 1999, and a first amended complaint on May 8, 2000, asserting claims against defendants for patent infringement in violation of 35 U.S.C. § 271 (a), and against O’Rourke and Macke for inducing patent infringement pursuant to 35 U.S.C. § 271 (b).