Gart

Gart v. Logitech, Inc.

Good Law

254 F. Supp. 2d 1119·2003 WL 1786864·67 U.S.P.Q. 2d (BNA) 1263·2003 U.S. Dist. LEXIS 10069

United States District Court, Central District of CaliforniaJanuary 24, 2003CV 98-05957 CBM(MCX)California3,737 words

Opinion

Marshall, J.

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY

Before the Court is Defendant Logi-tech’s Motion for Summary Judgment of Invalidity of Claim 7 of U.S. Patent No. 4,862,165 . The parties appeared before the Court for oral argument on November 25, 2002. Upon consideration of the papers submitted and arguments presented, the Court DENIES the motion.

JURISDICTION

The Court has jurisdiction pursuant to 28 U.S.C. § 1331 and 1338(a).

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

I. Factual Background

A. The ’165 Patent

On August 29, 1989, the United States Patent Office issued U.S. Patent No. 4,862,165 (the “ 165 patent”) to Plaintiff Samuel Gart. The patent, entitled “Ergonomically-Shaped Hand Controller,” describes a computer hand controller, such as a mouse, designed to reduce muscle fatigue. The 165 Patent provides for eight claims, but Claim 7 is the only claim at issue in the present motion for invalidity. Claim 7 describes:

’165 patent, col. 8, 11. 31-47 (headings added).

B. The Autocom

In the early 1970’s, a group of graduate students at the University of Wisconsin worked with a research group to create a communication and writing device for people with…

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