Legal Opinion

Simmons, Inc. v. Bombardier, Inc.

District Court, D. Utah

Decided July 27, 2004No. 1:01-cv-00048PublishedCited by 1 opinion

1Opinion of the Court

ORDER AND MEMORANDUM OPINION ON MOTIONS FOR SUMMARY JUDGMENT

CASSELL, District Judge.

Plaintiff Simmons Inc. has alleged that the Defendants (referred to collectively as Bombardier) have infringed claims 1, 2, 6, 9, 10, and 11 of U.S. Patent No. 5,386,594 (the “594 patent” or “patent 594”). The prosecution history of the 594 patent is long and complicated and will be set forth as relevant below. Litigation over the 594 patent also has a history, including prior litigation in the District of Minnesota. 1 This matter achieved a temporary resolution in this District before Judge Kimball when a…

2Cases cited27 opinions

Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
Pitney Bowes, Inc. v. Hewlett-Packard Company, Defendant-CrossCourt of Appeals for the Federal Circuit · 1999
The Read Corporation and F.T. Read & Sons, Inc. v. Portec, Inc., D/B/A Portec/kolberg DivisionCourt of Appeals for the Federal Circuit · 1992

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3Cited by1 opinion

Pfizer Inc. v. Teva Pharmaceuticals U.S.A., Inc.District Court, D. Delaware · 2012