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Hewlett-Packard Co. v. Bausch & Lomb Inc.

Court of Appeals for the Federal Circuit
882 F.2d 1556 (1989)


Hewlett-Packard (HP) (plaintiff) filed a declaratory judgment action alleging that the ‘684 reissue patent, assigned to Bausch & Lomb (B&L) (defendant), was invalid and that HP did not infringe. B&L obtained the rights to the ‘950 patent in a defensive maneuver against HP, as the two companies were competitors in the mathematical device market, specifically in X-Y Plotters. Fearing that the ‘950 patent was too broad, B&L sought reissue with several new narrower claims, these new claims drawn to the HP market X-Y Plotter product. In order to obtain a reissue, B&L was forced to file affidavits regarding the scope of the ‘950 claims, specifically alleging that B&L had not claimed the full breadth of protection available to it. The ‘950 patent reissued as the ‘684 patent, over the reexamination arguments of HP. In light of B&L’s threats of infringement against HP, the declaratory judgment action was filed, where the District Court held that the new reissued claims were invalid.

Rule of Law


Holding and Reasoning (Nies, J.)

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