BriteSmile Ordered to Pay Attorneys' Fees to Discus Dental.CULVER CITY Culver City, city (1990 pop. 38,793), Los Angeles co., S Calif., a residential suburb of Los Angeles; inc. 1917. It is a center of the U.S. motion-picture industry, whose roots in the city date to c.1915. Its chief manufactures are rubber products and computers. , Calif. -- Discus Dental, Inc. was recently awarded attorneys' fees and costs for defending against BriteSmile, Inc.'s unwarranted claims of patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. . This award follows BriteSmile's voluntary dismissal Voluntary dismissal is when a law suit is terminated by request of the plaintiff (the party originally bringing the suit to court). In the United States, voluntary dismissal in Federal court is subject to Rule 41(a) of the Federal Rules of Civil Procedure. of its claims based on U.S. Patent Nos. 6,361,320 ("the '320 Patent") and 6,488,914 ("the '914 Patent") in BriteSmile, Inc. v. Discus Dental, Inc. (Civil Action No. 3:02-cv-03220-JSW). In arguing to the Court that these patents should never have been asserted against Discus Dental, BriteSmile candidly can·did adj. 1. Free from prejudice; impartial. 2. Characterized by openness and sincerity of expression; unreservedly straightforward: In private, I gave them my candid opinion. admitted that "errors in the prosecution had affected the ability to enforce the '914 patent against Discus." Based on BriteSmile's promise not to assert these patents against Discus Dental products, Judge White allowed BriteSmile to dismiss these inappropriate allegations and ordered the dismissal of Discus Dental's counterclaims of non-infringement, invalidity and unenforceability of the patents. About Discus Dental Founded in 1993, Discus Dental, Inc. is a leader in the dental industry in the marketing and distribution of premium aesthetic and clinical products to dental professionals. The company also provides practice building tools and services as well as expert industry training for the dental community. Discus Dental is headquartered in Culver City, California Culver City is a city in western Los Angeles County, California. As of the 2000 census, the city had a population of 38,816. The community is mostly surrounded by the city of Los Angeles but also has a border with unincorporated areas of Los Angeles County. . More information is available at www.discusdental.com. |
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