Unfair competition claim is defeated in summary adjudication; other motions are denied
TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, August 23, 2007.
Robinson, J. Defendant’s motion for summary judgment of non-infringement is denied. Defendant’s motion for summary judgment of invalidity due to indefiniteness is denied. Plaintiff’s motion to dismiss five “standards-based” counterclaims is denied. Defendant can not present its fraud theory at trial because it cannot prove damages. Plaintiff’s motion for summary judgment relating to unfair competition is granted in part but denied as to fraud, equitable estoppel, implied license and promissory estoppel.
The technology at issue relates to cellular telephone networks. Defendant’s motion for summary judgment of non-infringement is denied due to genuine issues of material fact and other reasons. Defendant’s motion for summary judgment of invalidity due to indefiniteness is denied where plaintiff’s expert Dr. Brian Agee will offer testimony that the “database” structure disclosed had a specific meaning in the art. Defendant’s “standards-based counterclaims” are not preempted by federal patent law because they relate to conduct before standards bodies and are not dependant in patent rights. Because Defendant cannot prove damages from fraud, plaintiff’s motion to dismiss that count is granted.
A copy of the full opinion is available here.
