"In a written opinion granting YieldUP's motion for summary judgment, United States District Court Judge Roderick R. McKelvie ruled both of CFM's patents invalid for lack of enablement."
I would bet CFM will appeal the Summary Judgement to the Court of Appeals for the Federal Circuit ("CAFC"). The CAFC is generally the Supreme Court of patents, though the US Supreme Court every so often picks up a case from the CAFC so it show how little it understands of patent law. If appealed, the case will likely be reviewed de novo. As a result, while a set back on its face, it means little until the CAFC rules - if the roles were reversed, and FSII the loser, the same would apply as well.
Second, "lack of enablement" is generally an issue of fact, not law. Issues of fact are adjudicated by the trier of fact - generally juries. Only when, in the light most favorable to the opposing party ("CFM"), there is no issue of material fact in dispute, is a summary judgement appropriate. Doubt this one rises to this level, especially on enablement.
So, in other words, see ya at the CAFC guys.
Just one man's somewhat professionally enlightened spin....SemiBull |
