Dri Mark Products, Inc. v. National Ink, Inc. and Dixon Ticonderoga Co.

Dri Mark Products, Inc. v. National Ink, Inc. and Dixon Ticonderoga Co.

S.D.N.Y. (2002)

Summary Judgment Entered In Favor of Fitzpatrick Client, Dixon Ticonderoga

Summary judgment of non-infringement was entered in favor of Fitzpatrick, Cella’s client, Dixon Ticonderoga, in a patent case involving metallic inks used in writing instruments. After conducting a Markman hearing, the District Court ruled that Dixon Ticonderoga’s claim interpretation was consistent with all of the intrinsic evidence and that the patentee’s proposed claim interpretation was contrary to the specification and file history. The District Court entered judgment for Dixon Ticonderoga because the patentee conceded there was no infringement under Dixon Ticonderoga’s claim interpretation. Lead counsel for Dixon Ticonderoga was Dominick A. Conde.

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