Lazare Kaplan International Inc. v. Photoscribe Technologies, Inc., No. 1:2006cv04005 - Document 197 (S.D.N.Y. 2008)

Court Description: OPINION AND ORDER #95678 re: 115 MOTION for Summary Judgment filed by Photoscribe Technologies, Inc., David Benderly. The court rules that defendants are entitled to summary judgment dismissing the direct infringement claim with respect to patent n o. 6,476,351. The ruling of the court at the Markman hearing actually permits dismissal only of the claim of direct infringement. Determining whether the '351 patent was infringed under the doctrine of equivalents requires determination of dispu ted issues of fact in connection with the patent prosecution record, and summary judgment should be not be granted with respect to that issue. The remaining issues that are the subject of the parties' motions also require determination of disputed factual issues, and cannot be disposed of on the current record. So Ordered. (Signed by Judge Thomas P. Griesa on 2/5/08) (jco) Modified on 2/6/2008 (ae).