Magnivision, Inc. v. Bonneau Co.
Opinion
Opinion
Tevrizian, J.
I. Background
A. Factual Summary
The present Order concerns two separate cases currently consolidated before the Court, both of which involve allegations of patent infringement in eyeglass display systems.
Magnivision, Inc. v. The Bonneau Company and Foster Grant Group, L.P., CV 92-7553 (hereinafter, “1992 Action”), involves a patent infringement claim brought by Magni-vision, Inc. (“Magnivision”), successor to Al-Site, against The Bonneau Company (“Bon-neau”) and Foster Grant Group, L.P. (“Foster Grant”), in which Magnivision alleges that one device, the Bonneau Slide Hook, infringes United States Patent No. 5,144,345 (the “ ’345 Patent”), which is now owned by Magnivision. An undisputed picture of the Bonneau Slide Hook is attached hereto as Exhibit “A.” (Fact #25 of Foster Grant’s Statement of Uncontroverted Facts and Conclusions of Law Re ’911 Patent.)
The ’345 Patent was issued September 1, 1992 for an invention entitled “Hanger for Displaying Eyeglasses.” The ’345 Patent was issued based on an application filed October 31,1990, which application was a continuation of Application Serial No. 278,546, filed December 1, 1988, and continuation-in-part of Application Serial…