As previously mentioned, Judge Stearns is sitting by designation in several patent disputes in the S.D.N.Y. related to CD technology. In this order Judge Stearns denied a motion for summary judgment of invalidity and non-infringement of claims 1-5 of Patent No. 5,068,846.
Here Judge Stearns denied the motion for summary judgment of obviousness, noting that there are sufficient questions surrounding the compatibility of the asserted prior art (which the opinion reviews in detail) to send the question to the jury. The court similarly denied the motion for summary judgment of non-infringement, citing too many factual disputes regarding the accused product, and reiterating sentiments in the Markman order that the resolution of factual disputes surrounding the purpose of the invention and operation of its structure is “best left in the hands of a jury.”
Koninklijke Philips Electronics N.V. v. Cinram Int’l, Inc., et. al., 08-00515-RGS (S.D.N.Y. Dec. 10, 2010)
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