E.D. Mich. (2009)
Fitzpatrick Obtains Dismissal of Patent Suit Against Long-Time Client Canon USA.
After years of protracted litigation between Kirsch et al. and Canon U.S.A., U.S. District Court Judge Hood held plaintiffs’ patent, on summary judgment, invalid, and the case against Canon U.S.A. was dismissed on collateral estoppel grounds. Kirsch filed separate actions against Canon and several other defendants alleging infringement of the Kirsch patent disclosing an “information station” which enabled a computer to be connected to an off-the-shelf facsimile machine and a telephone line to enable the facsimile machine to function as a printer for the computer and, alternatively, to enable the computer to send and receive facsimiles. Fitzpatrick attorneys obtained two favorable summary judgment decisions on issues of willful infringement and convoyed sales damages on behalf of Canon U.S.A. In addition, in cooperation with counsel for Xerox Corporation in a companion case involving the same patent, Fitzpatrick attorneys assisted in obtaining a third summary judgment finding the Kirsch patent invalid. The court subsequently denied Kirsch’s motion to reconsider the summary judgment decision of invalidity and held that Kirsch was collaterally estopped from continuing in its action against Canon. Accordingly, the Court dismissed Kirsch’s suit against Canon with prejudice and entered judgment in Canon’s favor. Fitzpatrick attorneys: Nicholas M. Cannella, Pasquale A. Razzano, and Peter Shapiro.