Ziggity Systems, Inc. v. Val Watering Systems
Decision Date | 14 November 1990 |
Docket Number | Civ. A. No. 89-625. |
Citation | 769 F. Supp. 752 |
Parties | ZIGGITY SYSTEMS, INC. v. VAL WATERING SYSTEMS; Vallorbs Jewel Co, Inc.; Jeanette Steudler, in her capacity as executrix and representative of the estate of Frederick W. Steudler, Sr.; and Frederick W. Steudler, Jr. |
Court | U.S. District Court — Eastern District of Pennsylvania |
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John F. McNulty and Alex R. Sluzas, E. Arthur Thompson, Paul & Paul, Philadelphia, Pa., for defendants.
Wayne A. Graver, Lavin, Coleman, Finarelli & Gray, Philadelphia, Pa., David R. Melton, Ryan M. Fountain, Barnes & Thornburg, South Bend, Ind., for plaintiff.
1. Plaintiff Ziggity Systems, Inc. ("Ziggity") is a corporation organized and existing under the laws of the State of Indiana and has its principal place of business located at 12456 Industrial Parkway East, Middlebury, Indiana 46540. (Stipulated).
2. Defendant Val Products, Inc. ("Val") is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania and has its principal place of business located at 2599 Old Philadelphia Pike, Bird-in-Hand, Pennsylvania 17505. (Stipulated).
3. Defendant Vallorbs Jewell Company is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania and has its principal place of business located at 2599 Old Philadelphia Pike, Bird-in-Hand, Pennsylvania 17505. (Stipulated).
4. Defendant Frederick W. Steudler, Sr. (deceased) was an individual residing at 138 Musser Avenue, Lancaster, Pennsylvania 17603, and was an officer and director of both Val and Vallorbs. (Stipulated).
5. Defendant Jeanette Steudler, named in her capacity as Executrix for the Estate of Frederick W. Steudler, Sr., is an individual residing at 138 Musser Avenue, Lancaster, Pennsylvania 17603, and is an officer and director of both Val and Vallorbs. (Stipulated).
6. Defendant Frederick W. Steudler, Jr. is an individual residing at 311 Poplar Avenue, New Providence, Pennsylvania 17660, and is an officer and director of both Val and Vallorbs. (Stipulated).
7. The patents-in-suit are United States Letters Patent No. 4,637,345 ("the '345 patent") and United States Letters Patent No. 4,491,088 ("the '088 patent"). (Stipulated).
8. The '088 patent issued January 1, 1985 on Application Serial No. 520,099, filed April 10, 1981. The sole named inventor was Eldon Hostetler, Vice President of Ziggity. Application Serial No. 520,099 was a continuation of United States Patent Application Serial No. 113,607, filed January 21, 1980. United States Letters Patent No. 4,284,036 ("the '036 patent") issued on Application Serial No. 113,059 on August 18, 1981. That portion of the 17 year term of the '088 patent subsequent to August 18, 1998, the expiration date of the '036 patent, was disclaimed during the prosecution of Application Serial No. 520,099 in order to overcome the Examiner's rejection over the already-then issued '036 patent based on "double patenting." On April 16, 1985, reexamination of the '088 patent was requested. As a result of the reexamination proceeding in the United States Patent and Trademark Office, claims 1 and 2 of the '088 patent were cancelled, and new claims 3, 4, and 5 were added and issued on March 31, 1987 as Reexamination Certificate No. B1 4,491,088. (Stipulated).
9. The '345 patent issued January 20, 1987 on Application Serial No. 644,612, filed August 27, 1984. Application Serial No. 644,612 was a continuation of application Serial No. 520,099. (Stipulated).
10. Ziggity has alleged infringement of claims 1-13 and 19-24 of the '345 patent and claims 3-5 of the '088 patent. (Stipulated).
11. Claims 14-18 of the '345 patent are not at issue in this action. (Trial Transcript 2/16/90 at page 193, lines 5-8).
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