Opinion
21 Civ. 6838 (AKH)
06-13-2022
E. REMY MARTIN & CO, Plaintiff, v. SIRE SPIRITS LLC, VETROELITE INC., and VETROELITE S.P.A., Defendants.
MARKMAN ORDER
ALVIN K. HELLERSTEIN, U.S.D.J.
After hearing the parties and studying their submissions, the Court's claim construction of the claim for U.S. Design Patent D63 8, 649 (the “D649 Patent”) is as follows:
The ornamental design for a decanter, as shown and described in Figures 1-7.
“Decanter” means a decorative glass container used to decant or receive decanted liquids, ordinarily alcoholic, or used to pour and serve such liquids.
(Image Omitted)
The design involves three concentric and circular arrays of facets which combine to give the appearance of a wheel-like, or toroidal, shape. The facets meet in the center of the front and back of the bottle in a recessed circle.
SO ORDERED.