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BIC LEISURE PRODUCTS v. WINDSURFING INTERN., INC.

No. 83 Civ. 3774(MEL).

761 F.Supp. 1032 (1991)

BIC LEISURE PRODUCTS, INC. and Windglider Fred Ostermann, GmbH, Plaintiffs, v. WINDSURFING INTERNATIONAL, INC., Defendant, and James R. Drake, Intervenor-Defendant.

United States District Court, S.D. New York.

April 8, 1991.

Attorney(s) appearing for the Case

Pennie & Edmonds, New York City, for plaintiff BIC Leisure Products, Inc. (Jonathan A. Marshall, Robert M. Kunstadt, John J. Normile, and Anneliese M. Schaefer, of counsel).

Harold E. Wurst, Nilsson, Robbins, Dalgarn, Berliner, Carson & Wurst, Los Angeles, Cal., for defendant (Michael Sweedler, Darby & Darby, New York City, of counsel).

LASKER, District Judge.

In the liability phase of this case, U.S. Patent Re. 31,167 (the "reissue patent") held by Windsurfing International, Inc. ("WSI") on its sailboard design was found to be valid. BIC Leisure Products, Inc. ("BIC") was found to have infringed the WSI reissue patent and enjoined from any further infringement.1

A successful plaintiff in a patent infringement action is entitled to "damages adequate to compensate...

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