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DESPER PRODUCTS, INC. v. QSOUND LABS, INC.

No. 97-1163.

157 F.3d 1325 (1998)

DESPER PRODUCTS, INC. and Spatializer Audio Laboratories, Inc., Plaintiffs-Appellees, v. QSOUND LABS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 18, 1998.

Attorney(s) appearing for the Case

Ira M. Siegel, Ladas & Parry, Los Angeles, California, argued for plaintiffs-appellees. Of counsel was James C. Yoon, Wilson, Sonsini, Goodrich & Rosati, Palo Alto, California.

Mark Norman Mutterperl, Fulbright & Jaworski L.L.P., Washington, DC, argued for defendant-appellant. With him on the brief were Robert J. Koch and Karen A. Ballotta, Washington, DC, and David H. Tannenbaum, Dallas, Texas.

Before PLAGER, CLEVENGER, and GAJARSA, Circuit Judges.

PLAGER, Circuit Judge.

Desper Products, Inc. and Spatializer Audio Laboratories, Inc. (collectively "Desper") sued QSound Labs, Inc. ("QSound"), owner of U.S. Patent Nos. 5,105,462 (the '462 patent) and 5,208,860 (the '860 patent), in the United States District Court for the Central District of California (No. CV 94-7276). Desper sought a declaratory judgment that Desper's "Spatializer" product does not infringe either patent and that the patents are invalid. QSound...

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