Australia Vision Services Pty. Ltd. v. Dioptics Medical Products, Inc.

AMENDED ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT AND INVALIDITY OF THE ’083 PATENT

PAEZ, District Judge.

I

Introduction

Plaintiff Australia Vision Services (“Vision Services”) brought this action for damages against defendants Dioptics Medical Products and Henry Lane (collectively “Dioptics”) alleging willful infringement of Design Patent No. 387,083 (“ ’083 patent”), issued December 2, 1997. The ’083 patent claim concerns the ornamental design for a pair of sunglasses that fit over prescription glasses. Vision Services asserts claims…