Wednesday, July 29, 2009

"Hotly Contested Disputes of Fact"

Plaintiff's Opposition to Summary Judgment of Noninfringement and Invalidity on the Basis of "Hotly Contested Disputes of Fact" Supports Summary Judgment of No Willful Infringement

In granting defendant's motion for summary judgment of no willful infringement, the court explained that plaintiff's opposition to summary judgment of invalidity and noninfringement on the basis of disputed fact issues supported defendant's argument that such defenses were asserted in good faith. "[T]he court determines that [defendant's] arguments of invalidity and non-infringement demonstrate a good faith belief in its defenses to [plaintiff's] claims. In its own motion for partial summary judgment, [plaintiff] at least suggests that [defendant's] arguments are substantial. . . . In fact, in its brief in support of its motion for summary judgment [plaintiff] represented that: 'This patent infringement case raises hotly contested disputes of fact . . . [t]he core issues of infringement and validity in this case, accordingly, are not amenable to summary judgment.' "

Cordance Corporation v. Inc., 1-06-cv-00491 (DED July 27, 2009, Memorandum & Order) (Thynge, J.)

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