Defendant's summary judgment motions on invalidity denied; plaintiff's motion granted in part
Padcom, Inc. v. Netmotion Wireless, Inc., No. 03-983-SLR, Feb 22, 2006.
Robinson, J. Plaintiff’s motion for summary judgment of noninvalidity is granted in part, denied in part. Defendant’s motion for summary judgment of invalidity based on lack of written description and indefiniteness is denied.
The technology involves wireless communication. The patents-in-suit describe an invention whereby two devices different at the network level can communicate by going through a “mobile data controller” connected to a router. Issues of material fact remain as to whether a limitation in one patent is inherent in the original application and therefore summary judgment based on written description is denied. Plaintiff’s motion based on the best mode requirement is granted. Defendant has not raised a material issue as to whether one skilled in the art would understand the scope of the claim. Its motion on indefiniteness is denied and plaintiff’s motion is granted.
