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MUELLER SPORTS MEDICINE v. BEVERIDGE MARKETING

No. 04-C-648-C.

369 F.Supp.2d 1028 (2005)

MUELLER SPORTS MEDICINE, INC., Plaintiff, v. BEVERIDGE MARKETING, LLC d/b/a BMC Custom Eye Black, Defendant.

United States District Court, W.D. Wisconsin.

May 12, 2005.

Attorney(s) appearing for the Case

Allen A. Arntsen, Madison, WI, for Plaintiff.

Michael R. Fitzpatrick, Janesville, WI, for Defendant.

OPINION AND ORDER

CRABB, District Judge.

In this civil action for declaratory, injunctive and monetary relief, plaintiff Mueller Sports Medicine, Inc. contends that defendant Beveridge Marketing, LLC infringed claims 1, 5 and 7 of plaintiff's U.S. Patent No. 4,719,909 (the '909 patent), which relates to an under-eye light absorbing device, by making and selling Custom Eye Black. Plaintiffs bring their claim of infringement under 35 U.S.C. § 271. Jurisdiction...

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