United States: Judge Thynge Grants Defendant's Motion For Summary Judgment Of Non-Infringement After Adopting The PTAB's Construction Of Phrases In Patent's Independent Claim

By Memorandum Opinion entered by The Honorable Mary Pat Thynge in SunPower Corp. v. PanelClaw, Inc., Civil Action No. 12-1633-MPT (D.Del., April 1, 2016), the Court granted defendant PanelClaw's motion for summary judgment of non-infringement of U.S. Patent No. 5,505,788 ("the '788 patent").¹ In granting defendant's motion for summary judgment of non-infringement of the '788 patent, the Court adopted the construction of the phrases "disposed as a layer" and "as a layer on top of said roofing membrane" in claim 1 of the '788 patent rendered by the Patent Trial and Appeal Board ("PTAB") during the inter partes review ("IPR") for the '788 patent.

A copy of the Memorandum Opinion is attached.

Footnote

1 The parties consented to Chief Magistrate Judge Thynge's jurisdiction in the case for all purposes, including trial and final judgment.

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