(Redwood City, CA) – Bunsow De Mory is pleased to announce that it has secured multiple wins in the Central District of California on behalf of Feit Electric Company (Case No. 20-101-JVS). On January 6, 2021 Judge James Selna issued back-to-back orders on key issues argued by Bunsow De Mory in its defense of Feit Electric against patent infringement claims brought by Zadro Products in the Central District of California related to illuminated beauty mirrors.
In the first, the Court granted a partial summary judgment order that barred Zadro from recovering pre-filing damages for alleged infringement of U.S. Patent No. 8,162,502 because, based on the evidence presented by Bunsow De Mory attorneys Aaron Hand and Hillary Bunsow, “no reasonable jury would find that Zadro properly marked the products that practiced the ’502 Patent.” In particular, the Court held that it was “insufficient that Zadro marked the packaging for its products with the patent number, for the products could be marked themselves, and marks on the products [“patent pending” notations] even suggested that they were not patented.” As such, the Court held that Zadro could not recover any alleged pre-suit damages related to the ’502 Patent.
In the second, the Court adopted a claim construction of a key phrase urged by Mr. Hand and Ms. Bunsow, including based on the doctrine of claim differentiation, which required that the claims be read in a manner that imposed limitations on the radial positioning of components within a mirror frame. The Court’s decision on this hotly-contested issue bolstered Feit Electric’s non-infringement arguments.
These orders demonstrate how Bunsow De Mory succeeds with a combination of legal, technical, and strategic expertise. For more information about this case, or to assess your company’s patent marking practices and compliance with the patent marking statute (35 U.S.C. § 287), please contact Aaron Hand or Hillary Bunsow.