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BIC LEISURE PRODUCTS, INC. v. WINDSURFING INTERN.

No. 83 Civ. 3774 (MEL).

687 F.Supp. 134 (1988)

BIC LEISURE PRODUCTS, INC., and Windglider Fred Ostermann, GmbH, Plaintiffs, v. WINDSURFING INTERNATIONAL, INC., Defendant.

United States District Court, S.D. New York.

July 6, 1988.

Attorney(s) appearing for the Case

Jonathan A. Marshall, Pennie & Edmonds, New York City, for plaintiff BIC Leisure Products, Inc.; Thomas F. Reddy, Jr. and Brian M. Poissant, of counsel.

Nilsson, Robbins, Dalgarn, Berliner, Carson & Wurst, Los Angeles, Cal., for defendant; Harold E. Wurst, of counsel.

LASKER, District Judge.

In this motion, part of an ongoing patent infringement action, BIC Leisure Products, Inc. ("BIC") proposes to limit the theories upon which Windsurfing International, Inc. ("WSI") may seek damages for infringement of its reissue patent for sailboards. Earlier proceedings established that, although BIC had infringed WSI's patent, the infringement was not willful. Windsurfing International, Inc. v. Fred Ostermann, GmbH,

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