4387297

Symbol Technologies sued Opticon, Inc. and Opto Electronics for infringement of U.S. patents 4,387,297, 4,593,186, and 4,409,470. After a bench trial, the district court found liability for Symbol, holding the '297 and '186 patents not invalid or unenforceable and infringed, and finding that the MSH-840 device infringed claims 1-5, 27, 31, 33, 50-54 and 56-62 of the '470 patent; the MSH-850 and MSH-860 infringed only the '297 and '186 patents. The Federal Circuit affirmed at 935 F.2d 1569 (Fed. Cir. 1991).

The '186 and '297 patents were asserted against Metrologic's Series '90 hand-held laser scanners. The court's August 8, 1991 opinion addressed equitable estoppel, partial summary judgment on validity and infringement, and induced infringement under § 271(b); the final disposition was not verified in the narrative. The docket was consolidated with 88-4686 and related to 90-5053.

PSC brought a declaratory-judgment/antitrust action against Symbol; Data General was a consolidated defendant. The court held on October 22, 1998 that Symbol's collection of royalties from PSC and Telxon for the same product/use rendered the '297 and '186 patents unenforceable for misuse until purged; the parties had settled patent validity and infringement issues.