Special Devices, Inc. v. OEA, INC.

ORDER GRANTING PLAINTIFF and COUNTERDEFENDANT SPECIAL DEVICES, INC.’S MOTION FOR ATTORNEY FEES, COSTS AND EXPENSES PURSUANT TO 35 U.S.C. § 285

I. Background

A. Factual Summary

This action was brought by Plaintiff Special Devices, Inc. (“Special Devices”) against OEA, Inc. (“OEA”) for declaratory relief of patent invalidity and non-infringement under 28 U.S.C. §§ 2201 and 2202.

The following facts were found undisputed and are set forth in the Statement of Uncontroverted Facts filed on October 27, 2000:

The subject matter of United States Patent No. 5,404,268 (“the ’263 Patent”) is an all-glass header used in air-bag initiators, the small device that sets off, or “initiates,” the explosion that results in the expansion of a vehicle’s air bag.

The ’263 Patent includes 24 claims. Claims 1-9 are “device” claims and each reads directly on the header shown in Figure 3 of the ’263 Patent. Claim 1 is an independent claim and claims 2-9 depend directly or indirectly from claim 1 and add only minor limitations to claim 1. Claims 10-24 are “method claims” directed to the method of making an all-glass header and are not the subject of this motion.

OEA only asserted that claims 1-9 of…