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ARTICLE · 11 AUGUST 2017

Indefiniteness Dooms Patent Claims On Summary Determination

Jones Day
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Dispositive summary judgment in district court patent cases is somewhat common, but similar early dispositions of Section 337 investigations in the ITC are rare in comparison.

United StatesIntellectual Property
Jones Day'S ITC Team
Jones Day'S ITC Team
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Dispositive summary judgment in district court patent cases is somewhat common, but similar early dispositions of Section 337 investigations in the ITC are rare in comparison. One such outcome happened recently in Certain UV Curable Coatings For Optical Fibers, Coated Optical Fibers, And Products Containing Same, Inv. No. 337-TA-1031. Order No. 33 (July 6, 2017). Respondent Momentive UV Coatings (Shanghai) Co., Ltd. ("MUV") moved for summary determination that asserted claims 16-18, 21, and 30 of U.S. Patent No. 7,706,659 ("the '659 patent") are invalid for claim indefiniteness under 35 U.S.C. §112, ¶2. ALJ McNamara concluded that there were no genuine disputes of material fact and granted the motion. Order No. 33 at 1-2 (July 6, 2017).

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