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AQUA-LUNG AMERICA v. AMERICAN UNDERWATER PRODUCTS

No. C 07-02346 RS.

709 F.Supp.2d 773 (2010)

AQUA-LUNG AMERICA, INC., a Delaware Corporation, Plaintiff, v. AMERICAN UNDERWATER PRODUCTS, INC., d/b/a Oceanic, a California Corporation; and Two Forty Deuce Corporation, a Colorado Corporation, Defendants.

United States District Court, N.D. California, San Jose Division.

April 28, 2010.

Attorney(s) appearing for the Case

Andrew J. Patch , Douglas V. Rigler , Jeffrey M. Goehring , Young & Thompson, Alexandria, VA, Gillian Winifred Thackray , Isbester & Thackray LLP, Berkeley, CA, John Spencer Guy Worden , Jeffrey V. Commisso , Schiff Hardin LLP, San Francisco, CA, for Plaintiff.

Joel A. Kauth , Kauth, Pomeroy, Peck & Bailey LLP, Irvine, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART SUMMARY JUDGMENT

RICHARD SEEBORG, District Judge.

I. INTRODUCTION

This case arises out of a series of scuba equipment patents. At the heart of the dispute are three patents held by defendant Two Forty Deuce ("TFD") and exclusively licensed to defendant American Underwater Products, d/b/a Oceanic ("AUP"): U.S. Patent No. 6,601,609, issued August 5, 2003...

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