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JACOBS VEHICLE SYSTEMS v. PACIFIC DIESEL BRAKE

No. 3:93CV1093RNC.

424 F.Supp.2d 388 (2006)

JACOBS VEHICLE SYSTEMS, INC., et al., Plaintiff and Counterclaim Defendants, v. PACIFIC DIESEL BRAKE CO., et al., Defendants and Counterclaim Plaintiffs.

United States District Court, D. Connecticut.

March 28, 2006.

Attorney(s) appearing for the Case

David R. Yohannan, Edward V. Charbonneau, Kenneth M. Massaroni, Mark L. Austrian, Thomas W. Mitchell, Collier, Shannon & Scott, Patrick J. Coyne, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, Everett E. Newton, George A. Dagon, Jr., Robert E. Kaelin, Murtha Cullina LLP, Hartford, CT, James A. Freeman, III, Blackburn, Little, Smith & Slobey, Nashville, TN, Leonard C. Boyle, U.S. Attorney's Office, New Haven, CT, for Plaintiff and Counterclaim Defendants.

Jonathan L. Gould, Washington, DC, Joseph W. Berenato, III., Berenato, White & Stavish, LLC, Bethesda, MD, Louis B. Blumenfeld, Cooney, Scully & Dowling, Hartford, CT, Defendants and Counterclaim Plaintiffs.

RULING AND ORDER

CHATIGNY, District Judge.

In 1989, defendant Pacific Diesel Brake Co. was issued U.S. Letter Patent No. 4,848,289 ("the '289 patent") for a method and apparatus for retarding engines. In 1993, plaintiff Jacobs Vehicle Systems, Inc. ("Jacobs") sued Pacific Diesel Brake Co. and its assignees (collectively "Pacbrake") for a declaratory judgment of noninfringement and invalidity of the '289 patent. Pacbrake filed a counterclaim asserting...

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