DMF Inc v. AMP Plus Inc

I. INTRODUCTION AND BACKGROUND

On August 15, 2018, plaintiff DMF, Inc. (“DMF”) filed this action against defendants AMP Plus, Inc. and ELCO Lighting Inc. (“ELCO”). Dkt. 1. DMF brought claims for infringement of U.S. Patent No. 9,964,266 (the “’266 Patent”); for infringement of the trademarks protected by U.S. Reg. Nos. 5,032,463 and 5,503,155; for trademark infringement in violation of California law; and for unfair competition in violation of Cal. Bus. & Prof. Code § 17200. Id. The ’266 Patent covers a recessed lighting system that purports to provide a compact design at low cost that still complies with all building and safety codes/regulations. ’266 Patent at Abstract. On July 1, 2019, ELCO filed the operative version of its counterclaims. Dkt. 235. Those counterclaims seek a declaration that the ’266 Patent is invalid, a declaration that ELCO’s products do not infringe that patent, and a declaration that it does not infringe any trademark rights DMF may have. Dkt. 235 at 19-31. The issue of willfulness of any infringement of the ’266 Patent was tried to the Court on October 24 and October 25, 2023. Dkt. 739 at 1. For purposes of that trial, the Court assumed…