Recent Successes
Jan 04, 2010
Fitch Even client, Panther Vision LLC, a division of Waters Industries, won an important patent claim construction ruling in its patent infringement lawsuit with totes Isotoner Corporation pending in the United States District Court for the Northern District of Illinois.
Panther Vision sells a variety of task lighting products, such as eyeglasses and headgear equipped with light emitting diodes (“LEDs”). Totes has alleged that Panther Vision’s LED illuminated baseball caps infringe U.S. Patent No. 7,234,831. The ‘831 patent discloses caps having multiple LEDs clustered together side-by-side at the front edge of the brim of the cap to project a single beam of light. Panther Vision’s caps utilize separate, laterally-spaced LEDs in the brim to provide multiple, discrete light beams which overlap only at a significant distance forward of the rim. The Panther Vision design produces shadows needed to improve depth perception and pick up texture, while providing a well-lit area.
The claims of the ‘831 patent are limited to caps in which the brim contains “an array of light emitting diodes focused [configured] to form a contiguous beam.” In a Memorandum and Opinion dated January 4, 2010, the Honorable Rebecca R. Pallmeyer adopted Panther Vision’s position and construed this claim language to require an array of LEDs that is “arranged to project what appears to be a single, unbroken beam of light.” This ruling is significant in view of the fact that the Panther Vision products project two separate beams of light. The court also adopted Panther Vision’s positions regarding several other disputed claim terms.
Panther Vision is represented in this litigation by Fitch Even attorneys Tim Maloney, Steve Schroer, Mark Borsos and Calista Mitchell. Vance Liebman and Glenn Rice of the Funkhouser, Vegosen, Liebman & Dunn law firm are assisting as co-counsel.
For a copy of the Court’s decision click here.
