Legal Opinion

National Diamond Syndicate, Inc. v. Flanders Diamond USA, Inc.

District Court, N.D. Illinois

Decided March 31, 2003No. 00 C 6402PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ST. EVE, District Judge.

National Diamond Syndicate and Lewy Friedrich, N.V. have moved for summary judgment on the issues of invalidity, infringement and inequitable conduct relating to design patent no. 338,851 (“the ’851 patent”). Flanders Diamond USA and Kuwayama Europe, N.V. have moved to exclude and strike certain materials included with the motion for summary judgment. For the reasons discussed below, the motion for summary judgment and the motion to exclude and strike are both denied.

LEGAL STANDARD

Summary judgment is proper when “the pleadings, depositions,…

2Cases cited35 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Kingsdown Medical Consultants, Ltd. And E.R. Squibb & Sons, Inc. v. Hollister IncorporatedCourt of Appeals for the Federal Circuit · 1988
  4. Molins Plc, and John Coventry Smith, Jr. v. Textron, Inc., Kearney & Trecker Corporation, and Avco CorporationCourt of Appeals for the Federal Circuit · 1995
  5. Peter H. Bombard v. Fort Wayne Newspapers, IncorporatedCourt of Appeals for the Seventh Circuit · 1996

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3Cited by1 opinion

  1. Finkelstein v. MardkhaDistrict Court, S.D. New York · 2007

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