NEWS RELEASE
September 21, 2011
(Westfield, NJ)

Contact:
Ray P. Janeczek
Direct Dial: 908.518.6369 or
rjaneczek@ldlkm.com

WADDINGTON NORTH AMERICA, INC. v. SABERT CORPORATION. After assisting our client Waddington in obtaining a successful reexamination of its patent on metallized cutlery, we filed an infringement action in the District of New Jersey against its competitor, Sabert. In various pretrial rulings, we obtained dismissal of Sabert's inequitable conduct defenses (2010 WL 3907036); several favorable claim construction rulings (2010 WL 4363137); summary judgment of literal infringement as to one of Sabert's products (2011 WL 1098998); and summary judgment on one of Sabert's defenses alleging lack of written description support (2011 WL 1098996). After a trial in which a jury rendered a verdict adverse to our client, we obtained judgment as a matter of law on Sabert's remaining written description defense, and a new trial on all other issues based upon opposing counsel's trial misconduct (2011 WL 3444150). Prior to the scheduled retrial, the case was settled with the entry of a consent judgment acknowledging that our client's patent was valid and enforceable, and with Sabert taking a license under our client's patent.

About Lerner, David, Littenberg, Krumholz & Mentlik, LLP
Since its founding in 1969, Lerner David has been devoted exclusively to intellectual property law. The firm has earned a solid reputation for active and effective client representation in the Patent and Trademark Office, in the courts and at the bargaining table — but our role as “counselors” remains paramount. By providing sound, practical advice, Lerner David’s 70+ attorneys help clients make informed, intelligent choices about the benefits and risks associated with intellectual property.