Hewlett-Packard Co. v. Bausch & Lomb Inc.

FIRST CORRECTED FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER THEREON

I. INTRODUCTION

Plaintiff Hewlett-Packard Company (“HP”) claims defendant Bausch & Lomb (“B & L”) infringed United States Patent No. 4,384,298 issued to Lawrence LaBarre et al. (the “LaBarre patent”). H-P is the owner, by assignment, of the LaBarre patent. In its counterclaim, B & L asserts the invalidity of the patent as obvious from prior art and further asserts that the inventor failed to disclose the best mode of carrying out his invention.

After a six-week court trial, the parties submitted trial briefs and proposed findings of fact and conclusions of law. The Court has carefully reviewed the transcripts, its own copious notes and the parties’ submissions. As discussed below, the Court finds the LaBarre patent to be valid and infringed.

II. FINDINGS OF FACT

(A) The LaBarre Invention

The LaBarre patent covers an x-y plotter which moves paper back and forth through the use of a grit wheel. The grit indents the paper on the first pass. As the paper is moved back and forth, these indentations mate with the rough surface of the drive wheel. This gearing effect minimizes slippage of the paper. HP Exhibit 1…