Inventio AG v. Thyssenkrupp Elevator Americas Corporation, et al., C.A. No. 08-874-RGA , December 13, 2013
Andrews, J. Defendants’ motion for summary judgment of invalidity is denied; plaintiff’s motion of partial summary judgment of no invalidity for indefiniteness, written description and best mode is granted in part and denied as to best mode.
Plaintiff filed this action in November, 2008. Oral argument was held on November 15, 2013. The disputed technology relates to elevator installation. The court finds that the disputed claim is not insoluably ambiguous. The court finds that the use of the word “hail” rather than “hall” was clearly a typographical error and does not render the patent invalid as indefinite. The court finds no violation of the written description requirement. An issue of fact remains as to whether the patentee had a best mode which he failed to describe. The court finds there is no subject matter jurisdiction over an assertion of best mode violation with respect to claims unasserted in the lawsuit.