Following claim construction, Judge O’Toole entertained motions for summary judgment by defendants in a patent case involving moveable beds. Judge O’Toole denied summary judgment of non-infringement and invalidity, but granted summary judgment of no lost profits because the patentee had assigned the patent to a holding company that had no profits, a common rookie assignment mistake.
Ascion, LLC v. Ruoey Lung Enterprise Corp., 09-10293-GAO (Sep. 28, 2011)
Ruoey Lung Enterprise Corp. v. Tempur-Pedic Int’l, Inc., 09-11550-GAO