The Hecker Law Group Wins Key Appeal in Patent Infringement Case for Spray On Makeup Pioneer Classified Cosmetics.LOS ANGELES Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. -- The Hecker Law Group scored an important legal victory for leading cosmetics innovator Classified Cosmetics[R] ("Classified") against Del Laboratories, Inc. ("Del"). The U.S. Court of Appeals for the Federal Circuit ("CAFC CAFC Court of Appeals for the Federal Circuit CAFC Canada Firearms Centre CAFC US Court of Appeals for the Federal Circuit CAFC Charlton Athletic Football Club (UK) CAFC Canadian Association of Fire Chiefs ") overturned a Los Angeles district court's decision that previously ruled Classified's U.S. Patent No. 6,589,541 ('541) was inoperable inoperable /in·op·er·a·ble/ (in-op´er-ah-b'l) not susceptible to treatment by surgery. in·op·er·a·ble adj. Unsuitable for a surgical procedure. . Classified's patent remains valid and enforceable. The case has been remanded to the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. for the Central District of California ("District Court") for further proceedings. "This is a major victory for Classified Cosmetics," said Gary A. Hecker of The Hecker Law Group, lead attorney in the case. "The case can now proceed to trial on Classified's claim that Del intentionally infringed Classified's patent." In 2003, Los Angeles-based Classified sued New York-based Del in the District Court for infringement of Classified's patent entitled "Sprayable Beautifying Composition". In its lawsuit, Classified claimed Del willfully willfully adv. referring to doing something intentionally, purposefully and stubbornly. Examples: "He drove the car willfully into the crowd on the sidewalk." "She willfully left the dangerous substances on the property." (See: willful) infringed the '541 patent and intentionally copied Classified's award-winning aerosol makeup products, including ERA[R] FACE. Del moved the District Court for summary judgment that the '541 patent was inoperable and, therefore, invalid. As its evidence, Del submitted a report from a hired expert, Mr. John E. Wild of Hill Top Research, who based his opinions on tests performed by Hill Top. Classified objected to the Wild report and to the tests. Classified argued that the Hill Top tests were unreliable and that Mr. Wild's report was inadmissible That which, according to established legal principles, cannot be received into evidence at a trial for consideration by the jury or judge in reaching a determination of the action. and could not support a finding that the '541 patent was inoperable. Nevertheless, the District Court ruled that Classified's patent was not "operable operable /op·er·a·ble/ (op´er-ah-b'l) subject to being operated upon with a reasonable degree of safety; appropriate for surgical removal. op·er·a·ble adj. " based on Mr. Wild's report. On December 12, 2006, the CAFC reversed the District Court's decision. The CAFC agreed with the arguments presented on appeal by Classified's lawyers, and found that Del's summary judgment evidence was fatally flawed and failed to meet even the minimum standard of proof necessary for summary judgment. It also rejected Del's claim of patent invalidity based on prior art. In the opinion issued by the CAFC, the Court stated: "The principle flaw in the (district) court's ruling is that Del did not meet its burden of showing prima facie [Latin, On the first appearance.] A fact presumed to be true unless it is disproved. In common parlance the term prima facie is used to describe the apparent nature of something upon initial observation. entitlement to summary judgment.... The tests fall short of satisfying the applicable legal standards for two reasons. First, the Hill Top tests (were performed) in a way that could easily mask evidence of the operability Operability is the ability to keep a system in a functioning and operating condition. In a computing systems environment with multiple systems this includes the ability of products, systems and business processes to work together to accomplish a common task such as finding and of the claimed system and method.... Second, the Hill Top tests are insufficient to establish inoperability as a matter of law.... We therefore reverse the summary judgment of invalidity based on inoperability and remand the case to the district court for further proceedings.... (We also) reject Del's anticipation argument based on the Wild report." The Hecker Law Group lawyers who represented Classified Cosmetics include: Gary A. Hecker, Frank M. Weyer, and James M. Slominski. About Classified Cosmetics Created by professional makeup artist Yolanda Halston and her husband Roger Halston in 1996, Classified Cosmetics[R] (www.classifiedcosmetics.com) offers consumers the first "airbrush airbrush Pneumatic device for developing a fine, small-diameter spray of paint, protective coating, or liquid colour (see aerosol). The airbrush can be a pencil-shaped atomizer used for various highly detailed activities such as shading drawings and retouching " makeup line, including ERA[R] FACE, a foundation packaged in an ultra-light 2.25 oz. aerosol canister that is sprayed directly onto the skin. Classified Cosmetics[R] is recognized as the expert in spray on makeup technology and has filed multiple international patent applications. About The Hecker Law Group The Hecker Law Group is one of the nation's leading intellectual property law firm boutiques. Founded in 1988, the firm's practice focuses on complex technology and entertainment matters, including patents, trademarks, copyrights, unfair competition, trade secrets, and entertainment transactions. Its clients past and present are many of the world's leading companies, such as Mark Burnett Mark Burnett (born 17 July, 1960) is a British-American television producer. He is known for introducing reality television as a genre to the USA. He produced the USA version of the series Survivor and the Eco-Challenge. Productions, Apple Computer and The Venetian Resort Hotel Casino. The firm's lawyers also hold technical degrees in computer science, electrical and mechanical engineering, neuroscience and physics. |
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