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Lazare Kaplan Int'l, Inc. v. Photoscribe Technologies, Inc., 09-1251

By FindLaw Staff on December 22, 2010 | Last updated on March 21, 2019

Patent infringement suit

Lazare Kaplan Int'l, Inc. v. Photoscribe Technologies, Inc., 09-1251, concerned a challenge to the district court's judgment in favor of the defendants, in plaintiff's suit for infringement of its patents, related to a system that uses a fixed laser to create a series of microscopic spots on the surface of gemstones.


The court vacated the district court's grant of summary judgment of no literal infringement and the jury verdict of non-infringement under the doctrine of equivalents of claim 1 and 7 of '351 patent.  However, the court affirmed the jury verdict of invalidity and non-infringement of claim 18 of the '351 patent, as well as the jury verdict of non-infringement of the disputed claims of the '938 patent.  Lastly, the court vacated the district court's findings of inequitable conduct, exceptional case, and the award of attorney's fees.

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