Defendant's summary judgment motions were denied; unfair business practices claims were bifurcated.
Affymetrix, Inc. v. Illumina, Inc., No. 04-901 JJF, Mar. 30, 2007.
Farnan, J. Plaintiff’s motion for summary judgment regarding claims of intentional interference with economic advantage and unfair business practices was denied. Defendant’s motions for summary judgment of invalidity and inequitable conduct were denied. Claims of unfair business practices were bifurcated from the infringement trial.
Genuine issues of material fact existed with respect to Defendant’s counterclaims. Bifurcation was, however, warranted due to the complexity of issues presented. Material issues of fact remained regarding Defendant’s invalidity motion and it was denied. Construing the evidence of inequitable conduct in the light most favorable to Plaintiff, the Court concluded that there remained issues of fact regarding whether the subject matter of the patent in suit was involved in prior litigation, whether that litigation was disclosed, whether the non-disclosure was material, and whether Plaintiff had the intent to deceive.
A copy of the full opinion is available here.
