D. Mass. Patent Litigation Update: August 2023

This is part of a series of articles discussing recent orders of interest issued in patent cases by the United States District Court for the District of Massachusetts.

In Lu v. Hyper Bicycles, Inc., No. 1:20-cv-11739, Judge Gorton allowed Hyper Bicycles' motion for summary as to Lu's infringement claims directed to the ornamental design of a bicycle.

Hyper moved for summary judgement because Lu had not offered any evidence in support of his patent infringement claims, nor provided any evidence of damages. Lu opposed, contending that deposition testimony supports his claims, and sought to re‑open discovery to address the issues regarding damages.

Initially, the Court ruled in Hyper's favor because Lu failed to provide a concise statement of facts or object directly to Hyper's statement of facts. According to Local Rule 56.1, statement of facts served by Hyper are deemed admitted by the opposing party unless controverted. Because Hyper's statement of facts was