Go Medical Industries Pty, Ltd. v. Inmed Corp.

ORDER

THRASH, District Judge.

This is an action for patent and trademark infringement. It is before the Court on motions for summary judgment filed by all parties. In summary, the Court holds that the Defendants have infringed the Plaintiffs’ patent, but the patent is invalid due to prior art because it is not entitled to a priority date of 1979. The conflicting claims to ownership of the O’Neil trademark for urinary catheters present questions of fact to be decided at trial. The Plaintiffs are entitled to summary judg ment as to Defendants’ non-trademark state law counterclaims.

I. BACKGROUND

Pla…