The opinion of the court was delivered by: GLASSER
Based upon the facts found and the conclusions of law reached as discussed in the Memorandum and Decision of June 28, 1996, and the Court finding, pursuant to Fed. R. Civ. P. 54(b), that there is no just reason for delay as to entry of a judgment, Court enters the following judgment:
1. U.S. Patent No. 4,106,739 issued to the plaintiff is a valid patent. The defendants have failed to sustain the burden that was theirs to prove its invalidity by clear and convincing evidence.
2. Claims 1, 2, 3 and 4 of that patent have been infringed by the defendants by the sale of chairs manufactured by them with the patented protective edge. Vittorio Infanti is personally liable for the infringement.
4. Because the infringement by the defendant has been flagrantly willful, the damages hereby awarded to the plaintiffs are enhanced in the flat sum of $ 1,000,000 for the payment of which the defendants are jointly and severally liable.
5. The flagrant willfulness of the infringement by the defendants also makes appropriate the award of reasonable attorneys' fees and costs, the amount of which is to be determined upon notice after the submission of affidavits supporting the request for such fees and costs and for the payment of which the defendants are jointly and severally liable. An amended judgment reflecting that additional determination will be entered at the appropriate time and shall not affect the finality and entry of this judgment in all other respects.
6. Plaintiff Gasser Chair Company, Inc. has established trade dress rights in the overall appearance of (a) stacking chairs which have a combination of the features of legs attached under the seat, a box seat, and a back with a framed appearance formed by a strip of plastic and attached to the seat by a single bracket and arranged to have the overall appearance of Gasser's 8800 Series stacking chairs as shown in attached Exhibit A; (b) arm chairs which have a combination of the features of a box seat, and a one piece back and arms with a framed appearance formed by strips of plastic and arranged to have the overall appearance of Gasser's 900 Series arm chairs (Models L 90, 909, 915, 998) shown in attached Exhibit B; and (c) stools and chairs which have a combination of the features of a box seat and a back with a framed appearance formed by a strip of plastic and arranged to have the overall appearance of Gasser's bar stools and casino seats for its Models 3028, 3012, 1025 4129, 5154 and KE 1720 shown in attached Exhibit C.
7. Infanti Chair Manufacturing Corp., Vittorio Infanti, all officers, agents and employees, and all persons acting in concert or participation with any defendant, are enjoined from manufacturing, distributing, selling, promoting or using chairs and seating which copy, simulate, reproduce or are confusingly similar in overall appearance to Gasser's trade dress, including Infanti's 2000 Series stacking chairs (as shown in PX 187), except for INF 2465, 2470, 2720; Infanti's 4000 Series arm chairs (as shown in PX 187), except for 4610, 4620, 4630, 4840; and Infanti's bar stools and casino seating models INF 5600, INF 5800, INF 5010, SS 11-02, SS 11-07, SS 11-10, 11-11, 11-4600, SS 11-5300 and KSB 11-4100 (all shown in PX 187).
8. Pursuant to 15 U.S.C. § 1118, the defendants shall deliver up to plaintiffs' attorneys for destruction, within five (5) days of this order, all products, labels, signs, prints, packages, wrappers, receptacles and advertisements in the possession of either defendant which infringe Gasser's trade dress or which bear a depiction of one of defendants' chairs found to infringe Gasser's trade dress.
United States District ...