In a two-page opinion Judge Young applies a recent claim construction of Patent No. 7,400,858 (directed to an antenna transmission coupling arrangement) to grant summary judgment of non-infringement of four asserted claims. This was good news for defendant and accused infringer Delta Air Lines. Unfortunately, Judge Young was less enamoured with Delta’s motion for summary judgment of obviousness, which he denied saying that Delta’s evidence (including expert testimony) was insufficient as a matter of law. Judge Young cited his recent opinion in the NewRiver v. Newkirk case. See http://bostonipblog.typepad.com/dmass-ip-blog/2009/12/udge-young-orders-new-trial-in-patent-case.html
But the opinion didn’t stop there. Citing First Circuit precedent which allows district courts to enter summary judgment sua sponte in appropriate circumstances, Judge Young invited briefing (to be submitted within 14 days) on whether summary judgment should issue that the claims are not obvious.
Other more complicated matters raised by earlier motions remain under advisement.
The lesson here is that you better have the evidence to support your case, otherwise don’t ask the court to consider the issue on summary judgment.
Comments