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MAG Instrument, Inc. v. Coleman Co.

February 17, 2010

MAG INSTRUMENT, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
THE COLEMAN COMPANY, INC., A DELAWARE CORPORATION, AND DOES 1-10, DEFENDANTS.



The opinion of the court was delivered by: Honorable Manuel L. Real

STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW SUPPORTING JUDGMENT ON COLEMAN'S MOTION FOR SUMMARY JUDGMENT AND RELATED COUNTERCLAIMS

Uncontroverted Facts

1. United States Patent 7,410,272 ("the Halasz Patent") claims priority through a chain of applications reaching back to provisional application No. 60/224,313, filed August 2000. (Exhibit 1 to Rotter Decl. at 1.)

2. Claim 1 of the Halasz Patent is: A lighting apparatus, comprising:

a. a body for retaining at least one battery, said body having a plurality of serrations;

b. a base attached to said body by at least one pivot connection point, said base having a stop; and

c. a light source, housed within said body, and selectively electrically connected to said at least one battery to cause said light source to emanate light;

d. wherein said stop is capable of engaging with one or more of said serrations to facilitate desired angular adjustment of light emanating from said light source. (Exhibit 1 to Rotter Decl. at Col. 5, lines 25-35.)

3. Claim 2 of the Halasz Patent is: A lighting apparatus, comprising:

a. a power supply;

b. a body having a plurality of serrations;

c. a base attached to said body by at least one pivot connection point, said base having a stop; and

d. a light source, attached to said body, and selectively electrically connected to said power supply to cause said light source to emanate light;

e. wherein said stop is capable of engaging with one or more of said serrations to facilitate desired angular adjustment of light emanating from said light source. (Exhibit 1 to Rotter Decl. at Col. 5, lines 36-46.)

4. The prior art to the Halasz Patent is easily understood.

Facts relating to the Petzl Micro anticipating Claims 1 and 2

5. The Petzl Micro was on sale in the United States prior to August 10, 1999. (Declaration of Paul Petzl ("Petzl Decl.") at ¶¶ 2-9; Deposition of Christopher Halasz ("Halasz Depo.") at 35:24-37:16, 40:21-41:6, 43:10-23 & Ex. 7 [Rotter Decl. Exs. 2 & 16].)

6. The Petzl Micro is a lighting apparatus. (Declaration of Kevin Tarter ("Tarter Decl.") at ¶ 6 and Ex. 3; Petzl Decl. at ¶ 8, Ex. 6.)

7. The Petzl Micro has a body for retaining at least one battery. (Tarter Decl. at ¶ 6 and Ex. 3; Petzl Decl. at ¶ 8, Ex. 6; Halasz Depo. at 44:21-45:22.)

8. The body of the Petzl Micro has a plurality of serrations. (Tarter Decl. at ¶ 6 and Ex. 3; Petzl Decl. at ¶ 8, Ex. 6; Halasz Depo. at 44:21-45:22.)

9. The Petzl Micro has a base that is attached to the body by at least one pivot connection point. (Tarter Decl. at ¶ 6 and Ex. 3; Petzl Decl. at ¶ 8, Ex. 6.)

10. The base of the Petzl Micro has a stop. (Tarter Decl. at ¶ 6 and Ex. 3; Petzl Decl. at ¶ 8, Ex. 6; Halasz Depo. at 44:21-45:22.)

11. The body of the Petzl Micro houses a light source. (Tarter Decl. at ¶ 6 and Ex. 3; Petzl Decl. at ¶ 8, Ex. 6; Halasz Depo. at 44:21-45:22.)

12. The light source of the Petzl Micro is selectively electrically connected to at least one battery, which is a power source. (Tarter Decl. at ¶ 6 and Ex. 3; Petzl Decl. at ¶ 8, Ex. 6.)

13. The electrical connection of the battery and the light source on the Petzl Micro causes the light source to emanate light. (Tarter Decl. at ¶ 6 and Ex. 3; Petzl Decl. at ¶ 8, Ex. 6.)

14. The stop on the Petzl Micro is capable of engaging one or more of the serrations on the body to allow the light emanating from the light source to be angularly adjusted. (Tarter Decl. at ¶ 6 and Ex. 3; Petzl Decl. at ¶ 8, Ex. 6; Halasz Depo. at 44:21-45:22.)

15. The engagement of the stop and the serrations on the Petzl Micro facilitates angular adjustment of the light emanating from the light source. (Tarter Decl. at ¶ 6 and Ex. 3; Petzl Decl. at ¶ 8, Ex. 6; Halasz Depo. at 44:21-45:22.)

Facts relating to prior art that anticipates Claim 2

16. The Petzl Duo was on sale in the United States prior to August 10, 1999. (Petzl Decl. at ¶¶ 2-9.)

17. The Petzl Duo is a lighting apparatus. (Tarter Decl. at ¶ 6 and Ex. 4; Petzl Decl. at ¶ 8, Ex. 6.)

18. The Petzl Duo has a power supply. (Tarter Decl. at ¶ 6 and Ex. 4; Petzl Decl. at ¶ 8, Ex. 6.)

19. The Petzl Duo has a body with a plurality of serrations. (Tarter Decl. at

¶ 6 and Ex. 4; Petzl Decl. at ¶ 8, Ex. 6.)

20. The Petzl Duo has a base that is attached to the body by at least one pivot connection point. (Tarter Decl. at ¶ 6 and Ex. 4; Petzl Decl. at ¶ 8, Ex. 6.)

21. The base of the Petzl Duo has a stop. (Tarter Decl. at ¶ 6 and Ex. 4; Petzl Decl. at ¶ 8, Ex. 6.)

22. The Petzl Duo's light source is attached to its body. (Tarter Decl. at ΒΆ 6 and Ex. 4; Petzl ...


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