Astronomy for Lawyers

This came in throught another channel I thought (perhaps) some of you might find it interesting. It is lengthy so hopefully it won't tank the system (There is a web link but its a 70 page pdf). In any case its a great read.

jmp

PDF here --> www.star-instruments.com/images/06CIV7825AmendedNov2.pdf

= = = = =
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

---

x Index No.

DANIEL AZARI, PAUL T. JONES D/B/A
STAR INSTRUMENTS and RC OPTICAL
SYSTEMS INC.,

Plaintiffs,

-against

) 06 CIV. 7825
) (DC) (THK)
)
) AMENDED
) COMPLAINT
)
) Plaintiffs
B&H PHOTO-VIDEO.COM CORP., ADORAMA, INC. ) Demand
MEADE INSTRUMENTS CORP., ) Trial By Jury
20/20 TELESCOPES & BINOCULARS, LLC, )
ANACORTES TELESCOPE AND WILD BIRD, )
INCORPORATED, ASTRONOMICS / )
CHRISTOPHERS, LTD, DURANGO SKIES, LLC, )
OPT CORP., SKIES UNLIMITED, LLC, )
THRALOW INC., HANDS ON OPTICS, INC., )
WOLFE'S CAMERA SHOPS, INC., )
MICHAEL HARLESS, OPTICSPLANET, INC., )
SCOPE CITY, INC., JOHN DOE NOS. 1-50 and )
and JANE DOE NOS. 1-50, )
)
Defendants. )

---

x
Plaintiffs DANIEL AZARI, PAUL T. JONES d/b/a STAR
INSTRUMENTS and RC OPTICAL SYSTEMS INC. (collectively,
"Plaintiffs") for their Amended Complaint allege:
THE PARTIES AND JURISDICTION

1. Plaintiff DANIEL AZARI ("Azari"), an individual, is a
citizen of the State of Florida.

2. Plaintiff PAUL T. JONES ("Jones"), an individual, is a
citizen of the State of Georgia. Jones is the proprietor
of Star Instruments ("Star Instruments").

3. Plaintiff RC OPTICAL SYSTEMS INC. ("RC Optical") is
incorporated in the State of Arizona, where it maintains
its principal place of business.

19. JOHN DOE nos. 1-50 and JANE DOE nos. 1-50 are fictitious
names for employees of Meade whose identities presently are
unknown to Plaintiffs, but who are further identified below
and are expected to be identified by name after discovery.
On information and belief, JOHN DOE nos. 1-50 and JANE DOE
nos. 1-50 are citizens of California.

20. As is set forth in detail below, the amount in controversy
exceeds the sum of $75,000.00, exclusive of costs and interests.

21. As is set forth in detail below, Plaintiffs seek relief
pursuant to the Lanham Act, 15 U.S.C. §1125.

22. As is set forth in detail below, Plaintiffs seek relief
pursuant to the Racketeer Influenced and Corrupt Organizations
Act ("RICO"), 18 U.S.C. § 1964.

23. Jurisdiction is proper pursuant to 28 U.S.C. §§ 1331 and 1332.
FACTS COMMON TO ALL CAUSES OF ACTION

24. Star Instruments is a manufacturer of professional quality
optics. 25. RC Optical Systems designs and manufactures quality
telescopes and imaging instruments for government, military,
institutional, and professional and amateur astronomers.

26. Star Instruments and RC Optical Systems concentrate their
businesses on a particular form of two-mirrored Cassegrain
telescope known as "Ritchey-Chretien," named after the two scientists
who invented the design early in the 20th century. Star
Instruments is the leading manufacturer of Ritchey-Chretien
optical systems. RC Optical is the leading manufacturer of
telescopes incorporating Ritchey-Chretien optics. Star Instruments
manufactures Ritchey-Chretien optical systems incorporated in
Ritchey-Chretien telescopes manufactured by RC Optical Systems.

THE RITCHEY-CHRETIEN FORM OF THE CASSEGRAIN TELESCOPE

27. There are three basic types of telescopes: refractors, reflectors
and catadioptric sensors.

28. A refractor telescope is a type of optical telescope that refracts or
bends light at each end using lenses. Refracting telescopes have three main
parts to them: the tube (which is usually made out of metal, plastic or wood)
and two convex glass lenses. When light travels through the objective lens,
the light refracts, converges and creates a real image in the middle of the tube,
close to the eyepiece lens. The eyepiece lens at the bottom then magnifies the
real image of the object making the image seem larger. This can enable a user
to view the image of a distant object like a star as if it were brighter, clearer
and larger.

29. A reflecting telescope is an optical telescope which uses a
combination of curved and flat mirrors to reflect light and form an image,
rather than lenses to refract or bend light to form an image. A curved primary
mirror is the reflector telescope's basic optical element and creates an image at
the focal plane. Film or a digital sensor may record the image, or an eyepiece
may be used for visual observation.

30. Catadioptrics are a combination of a refractor and reflector
telescope, using both mirrors and lens to focus the incoming light.

31. Historically, the refractor was initially the more popular tool for
manufacturing reasons. Early manufacturing shops were unable to produce
mirrors of sufficient quality for use as reflecting telescopes, and were unable
to design a reflecting telescope where the head of the person viewing the
image did not block the reflected light (the "front-view obstruction problem").

32. A weakness of refractors is chromatic aberration. Chromatic
aberration is caused by a lens having a different refractive index for different
wavelengths of light. Differing wavelengths of light are dispersed as they pass
through a lens, as in a rainbow. In optics, this results in purple fringing and a
blurred image.

33. British scientist Sir Isaac Newton implemented the first reflector
circa 1670. He designed the reflector in order to solve the problem of
chromatic aberration. Reflector mirrors eliminate chromatic aberration
because, unlike a lens used in refractors, light does not pass through a mirror;
it reflects and the wavelengths of light are not dispersed as they reflect.
Newton also solved the front-view obstruction problem by positioning the
mirrors at angles.

34. The Cassegrain reflector is a combination of two mirrors used in
some telescopes, which are then known as Cassegrain telescopes. First
developed in 1672 by Laurent Cassegrain, this reflector is a combination of a
primary concave mirror and a secondary convex mirror, both aligned
symmetrically about the optical axis defined in form as a parabolic primary
and a hyperbolic secondary.

35. Ordinary Cassegrain reflector mirrors eliminate chromatic
aberration but still produce spherical aberration and coma. Spherical
aberration is an image imperfection that occurs due to the increased refraction
of light rays that occurs when rays strike a lens or mirror near its edge, in
comparison with those that strike nearer the center. Coma is an optical
aberration in an astronomical telescope which causes a V-shaped flare to the
image of a star.

36. Coma is an inherent property of telescopes using parabolic
mirrors. Light from a point source (such as a star) in the center of the field is
perfectly focused at the focal point of the mirror. When the light source is off-
center (off-axis), however, the different parts of the mirror do not reflect the
light to the same point. This results in a point of light that is not in the center
of the field looking wedge-shaped. This effect worsens as the light moves
further off-axis. This causes stars to appear to have a cometary coma, hence
the name "coma" for the effect.

37. Spherical aberration is an image imperfection that occurs due to
the increased refraction of light rays that occurs when rays strike a lens or
mirror near its edge, in comparison with those that strike nearer the center.
For small telescopes using spherical mirrors with shorter focal ratios, light
from a distant point source (such as a star) is not all focused at the same point.
Particularly, light striking the inner part of the mirror focuses further from the
mirror than light striking the outer part. As a result the image cannot be
focused as sharply as if the aberration were not present.

38. The Ritchey-Chretien form of the Cassegrain telescope is an
important modification of the classical Cassegrain two mirror telescope. It
was invented by George Willis Ritchey and Henri Chrétien in the early 20th
century; the first Ritchey-Chretien was made for the U.S. Naval Observatory
in the 1930s. The Ritchey-Chretien design is a specialized Cassegrain
reflector which has two hyperbolic mirrors (instead of a parabolic primary).
The curvature of the two mirrors in the Ritchey-Chrétien design are described
by the following relationships:
where:

* C1 and C2 are the Schwarzschild deformation coefficients for the
primary and secondary mirrors, respectively,
* F is the effective focal length of the entire system,
* B is the back focal length, or the distance from the secondary to
the focus, and
* D is the distance between the two mirrors.

39. The design of the Ritchey-Chretien corrects for coma and
spherical aberration. The Ritchey-Chretien design is free of coma and
spherical aberration at a flat focal plane, making it well suited for wide field
and photographic observations. Because it is a reflector telescope, it does not
suffer from chromatic aberration, unlike catadioptric or refractor telescopes.

40. The Ritchey-Chretien form of the Cassegrain telescope is the
optimal design available with today's optical technology. It is the design used
for advanced astronomy, such as the Hubble Space Telescope.

DEFENDANTS FALSELY MARKET MEADE'S DESIGN AS A RITCHEY-CHRETIEN-DESIGN
INCORPORATING RITCHEY-CHRETIEN OPTICS

41. Meade is a manufacturer of consumer telescopes for amateur
astronomy enthusiasts, as well as for business and government. Commencing
in 2005, Defendants began to advertise falsely that Meade's RCX 400 series
telescopes are Ritchey-Chretien telescopes incorporating Ritchey-Chretien
optics. Commencing in March, 2006, Defendants began to advertise falsely
that Meade's LX200R series telescopes are Ritchey-Chretien telescopes
incorporating Ritchey-Chretien optics. Meade advertised: "Now you can own
what the professionals own."

42. The acronym "RC" in the model name of the RCX 400 series
telescopes and the letter "R" in the model name of the LX200R series
telescopes imply falsely that the telescopes are Ritchey-Chretien telescopes
and incorporate Ritchey-Chretien optics.

43. The RCX 400 series telescopes and the LX200R series telescopes
bear markings or imprints including the acronym "RC" or the letter "R" on the
telescopes or containers, implying falsely that the telescopes are Ritchey-
Chretien telescopes and incorporate Ritchey-Chretien optics.

44. The Meade telescopes do not have Ritchey-Chretien optics. The
RCX400 and LX200R optical design consists of a slightly hyperbolic to
ellipsoidal secondary mirror and a spherical primary mirror with a corrector
lens, instead of two strongly hyperbolic mirrors having the defining Ritchey-
Chretien curvature. The RCX400 and the LX200R are catadioptric telescopes
(combination mirror and lens); the Ritchey-Chretien design is a pure reflector.

45. On information and belief, each of B&HPhoto, Adorama, S&H,
20/20 telescopes, Anacortes, ACL, Durango Skies, OPT, Skies Unlimited,
Telescopes.com, Wolfe's, HOO, Nature's Odyssey, Optics Planet and Scope
City (collectively, the "Meade Dealers") are authorized dealers of Meade's
products, to whom Meade refers the public generally, and amateur astronomy
enthusiasts in particular, when they seek to purchase telescopes.

46. On information and belief, each of the Meade Dealers holds itself
out to the public generally, and to amateur astronomy enthusiasts in particular,
as possessing expertise in the technical specifications of telescopes, on which
expertise they encourage amateur astronomy enthusiasts to rely. Each of them
knows or should know that the Meade RCX400 series and LX200R series
telescopes are not Ritchey-Chretien design and do not incorporate Ritchey-
Chretien optics.

47. Although some dealers of telescopes honestly have refused to
describe the Meade RCX400 series and LX200R series telescopes as Ritchey-
Chretien telescopes, each of the Meade Dealers have participated in and
profited by Meade's fraudulent deception. Each of them: (i) advertises the
Meade RCX400 series and the LX200R series as "Ritchey-Chretien"
telescopes, (ii) responds to inquiries by potential customers by representing
that the Meade RCX400 series and the LX200R series are "Ritchey-Chretien"
telescopes, and (iii) has responded to inquiries from consumers seeking to
purchase Ritchey-Chretien telescopes and apparently relying on the dealers'
expertise by suggesting Meade's telescopes and advising that the Meade
RCX400 series and the LX200R series are "Ritchey-Chretien" telescopes.

STAR INSTRUMENTS AND RC OPTICAL HAVE BEEN INJURED BY DEFENDANTS' SCHEME

48. The market for Ritchey-Chretien telescopes is a niche market, to
which Star Instruments and RC Optical are the main sources of supply.
Defendants' scheme threatens to destroy that niche market and the businesses
of Star and RC Optical.

49. Star Instruments and RC Optical have suffered substantial direct
injury from Defendants' scheme, threatening the very existences of their
businesses. Because Meade does not utilize Ritchey-Chretien optics,
Defendants can offer to sell the RCX400 and the LXR200R at prices which
are only a fraction of the manufacturing cost of Ritchey-Chretien telescopes.

50. On information and belief, potential customers for telescopes
incorporating Ritchey-Chretien optics bought the cheaper Meade telescopes
instead of telescopes incorporating Ritchey-Chretien optics manufactured by
Star Instruments under the false belief that the Meade telescopes incorporated
Ritchey-Chretien optics.

51. On information and belief, potential customers of RC Optical
bought the cheaper Meade telescopes instead of telescopes manufactured by
RC Optical under the false belief that the Meade telescopes incorporated
Ritchey-Chretien optics.

52. On information and belief, potential customers who contacted RC
Optical seeking to purchase Ritchey-Chretien telescopes bought the cheaper
Meade telescopes instead of telescopes manufactured by RC Optical under the
false belief that the Meade telescopes incorporated Ritchey-Chretien optics.

53. On information and belief, potential customers who contacted
telescope dealers seeking to purchase telescopes incorporating Ritchey-
Chretien optics bought the cheaper Meade telescopes instead of telescopes
incorporating Ritchey-Chretien optics manufactured by Star Instruments under
the false belief that the Meade telescopes incorporated Ritchey-Chretien
optics.

54. Star Instruments and RC Optical also have suffered severe
damage to their reputations as a consequence of Defendants' scheme.
Potential customers may believe that Star Instruments and RC Optical, the
industry leaders in this niche market, are price-gouging, although the truth is
that it is practically impossible to manufacture and sell Ritchey-Chretien
telescopes with Ritchey-Chretien optics except at prices exponentially greater
than Meade's falsely described, but cheaper, telescope.

55. Defendants' false advertising depressed the market price for
Ritchey-Chretien telescopes, compelling RC Optical and Star Instruments to
reduce their prices and lose profits which they would have made had prices
been set in market conditions unaffected by Defendants' false use in
commerce of the terms "Ritchey" and "Ritchey-Chretien," the acronym "RC,"
the letter "R" and other symbols on or in connection with telescopes or
containers for telescopes in commercial advertising or promotion.

56. As of the date hereof, Star Instrument's losses from Defendants'
scheme exceed $400,000.00 and continue to accrue.

57. As of the date hereof, RC Optical's losses from the Defendants'
scheme exceed $400,000.00 and continue to accrue.
AZARI"S PURCHASE OF A MEADE LX200R TELESCOPE

58. Azari sought to purchase a Ritchey-Chretien telescope. He
contacted B&H Photo on or about September 1, 2006, and requested a
Ritchey-Chretien telescope. B&H Photo recommended the Meade RCX400 or
LX200R, and assured him that each was a Ritchey-Chretien.

59. Azari purchased a new Meade LX200R telescope from B&H
Photo on or about September 6, 2006. He paid $2,873.00 for the telescope,
plus an additional $94.90 for shipping, for a total of $2,967.90. B&H
delivered the telescope to Azari in Florida.

60. The telescope delivered to Azari is not a Ritchey-Chretien
telescope. It is a catadioptric telescope (combination mirror and lens); the
Ritchey-Chretien is a pure reflector. The Meade telescope has a corrector lens
with an ellipsoidal (not hyperbolic) secondary mirror. The defining Ritchey-
Chretien curvature of the mirrors also is absent. The ellipsoidal secondary
mirror measures less than a parabola; it is not hyperbolic as in a Ritchey-
Chretien.

[rest of 70 or so page compalint omitted]

Dated: October 31, 2006

That is a hoot. You can just imagine senior counsel trying to get their Schwarzschild deformation coefficients sorted out!

Did you see the editorial of sky and telescope for January, they were defending meade on this issue. Meade have come up with a good optical design, but using the RC name is definily a gamble..

Murdoch,the designer and Meade's boss and founder, said that he had considered calling it the "Murdoch" design.
He said:
" Then they would accuse me of stealing Ritchey's and Chretien's ideas."

And the winner is: The Lawyers!

Incidentally, S& T were VERY careful not to take sides in the Jan editorial.

Because the RC people really do have a point.

The "Murdoch" design is brilliant.

But it is NOT a classic RC design!.

Peter.

So you thought they were neutral, I must read that editorial again.