The opinion of the court was delivered by: Michael A. Telesca United States District Judge
Plaintiff Tailored Lighting, Inc. ("TLI") brings this patent infringement action against defendant Osram Sylvania Products, Inc., ("Sylvania") claiming that Sylvania has infringed United States Patent No. 5,666,017, assigned to TLI, which discloses a "Daylight Lamp," which purports to produce a special spectral light distribution which is substantially identical in uniformity to the spectral light distribution of a desired daylight throughout the entire visible light spectrum.
By Decision and Order dated May 14, 2010, I held that the '017 Patent is invalid for lack of enablement, and that even if the patent were valid, TLI had failed to establish infringement of the patent by Sylvania. TLI now moves for reconsideration of my May 14, 2010 Decision and Order on grounds that the court overlooked facts found in the record, and by doing so, improperly granted summary judgment in favor of the defendant. Specifically, TLI contends that I failed to consider the opinion of plaintiff's expert Dr. Mark Fairchild, who explained why the '017 Patent is enabled, and overlooked data provided by TLI which establishes that Sylvania's allegedly infringing products practice the formula disclosed in the '017 Patent for creating a bulb coating that produces the daylight characteristics disclosed in the '017 Patent.
Also before the Court are defendant's motions for an award of attorneys' fees, and to alter or amend the judgment. With respect to defendant's motion for attorneys' fees, defendant contends that it is entitled to an award of its fees in defending this action because it is an exceptional case warranting such an award. With respect to the judgment issued by this court, Sylvania asks the court to amend the judgment to reflect that all of the asserted claims of the '017 patent (Claims 1, 2, 3, 4, 9 and 19) are invalid for lack of enablement.
For the reasons set forth below, I deny plaintiff's motion for reconsideration, deny defendant's motion for an award of fees, and grant defendant's motion to alter the judgment.
I. Plaintiff's Motion for Reconsideration
A. Standard for Reconsideration
A motion for reconsideration pursuant to Federal Rule of Civil Procedure 59(e) may be properly brought if it appears that the court overlooked controlling decisions or factual matters which might reasonably be expected to alter the court's decision. "The standard for granting [a motion for reconsideration] is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked -- matters, in other words, that might reasonably be expected to alter the conclusion reached by the court." Shrader v. CSX Transportation, Inc., 70 F.3d 255, 257 (2d Cir. 1995). A motion for reconsideration, however, may not be used to relitigate matters already considered by the court, and may not be used to introduce new evidence that could have been brought to the court's attention during the original proceedings. Films by Jove, Inc. v. Berov, 250 F.Supp.2d 156, 175 (E.D.N.Y., 2003).
In my May 14, 2010 Decision and Order, I held that TLI had not proven infringement of its patent because it had failed to establish that Sylvania's allegedly infringing bulbs read on the formula disclosed in Claim 1 of the '017 Patent.*fn1 Specifically, I held that because TLI was unable to produce the actual values for the S*(l) or N variables of the accused Sylvania bulbs, TLI was unable to establish that the Sylvania Bulbs practiced the formula of Claim 1 of the '017 Patent.
Plaintiff seeks reconsideration of this court's holding arguing that it did in fact provide actual values for the variables as measured through its analysis of the accused Sylvania Bulbs, and that this court overlooked TLI's evidence. Plaintiff further alleges that the evidence provided establishes that the Sylvania bulbs infringe the '017 Patent.
Plaintiff contends that the values for the N and S* variables were provided in TLI's Response to Interrogatory Number 3. See Plaintiff's Memorandum of Law in Support of Motion for Reconsideration at p. 3. In my May 14, 2010 Decision and Order, however, I specifically addressed this evidence, and explained why the S* and N values disclosed in those responses fail to constitute actual evidence of infringement. See May 14, 2010 Decision and Order at pp. 17-18. As stated therein, I found that the S* and N values were either assumed or calculated (based in part on an assumption), and therefore could not establish infringement. I found that TLI could not prove infringement by substituting calculated values based in part on assumptions for actual, observed and measured evidence establishing infringement. TLI's attempt to reargue the merits of this evidence, which was already considered, is ...