Al-Site Corp. v. Cable Car Sunglasses

ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND DENYING DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT

Plaintiff’s Motion for Preliminary Injunction and Defendant’s Motion for Partial Summary Judgment were heard by this Court on May 13, 1994. Peter T. Cobrin of Cobrin, Gittes & Samuel appeared on behalf of Plaintiff Al-Site Corporation. Michael N. Berg of Phillips, Moore, Lempio & Finley appeared on behalf of Defendant Cable Car Sunglasses Company.

Having considered the papers filed by the parties and oral argument on the motion, and good cause appearing, the Court hereby DENIES both motions in all respects for the following reasons.

I. STATEMENT OF FACTS AND PROCEDURAL HISTORY

This is a patent infringement ease, filed December 9, 1993. The accused device is a plastic tag which holds eyeglasses at the temple and which contains a hole to allow the glasses to be hung on a display device in a vertical position. The history of the patents involved is as follows.

On December 11, 1990, Plaintiff obtained grandparent patent 4,976,532 for its “Hanger for Displaying Eyeglasses,” which is described in the disclosure abstract as a hanger made of stiff resilient plastic…