ALPHA ENTERPRISES v. TOMATO LAND DISPLAY SYSTEMS

No. C-1-97-668.

92 F.Supp.2d 733 (2000)

ALPHA ENTERPRISES, INC. Plaintiff, v. TOMATO LAND DISPLAY SYSTEMS, INC., et al., Defendants.

United States District Court, S.D. Ohio, Western Division.

March 24, 2000.


Attorney(s) appearing for the Case

James Francis McCarthy, III, Katz Teller Brant & Hild, Cincinnati, OH, Joseph Andrew Sebolt, Canton, OH, for Alpha Enterprises In, plaintiff.

Gregory Frederick Ahrens, Wood, Herron & Evans, Cincinnati, OH, J Derek Vandenburgh, Merchant Gould Smith Edell, Welter & Schmidt, Minneapolis, MN, for Tomato Land Display Systems Inc, Tomato Land Co Ltd (Japan), defendants.


ORDER

DLOTT, District Judge.

This matter is before the Court on Defendants' Motion for Summary Judgment of Non-Infringement (doc. 26). Plaintiff Alpha Enterprises, Inc. alleges that Defendants Tomato Land Display Systems, Inc., Tomato Land Co. Ltd., and San-Ei Co. Ltd. infringed its Patent No. 4,589,549. For the reasons set forth below, Defendants' Motion for Summary Judgment is GRANTED.

I. FACTS

On May 20, 1986, United States...

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