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Judge Andrews rules on motions for summary judgment, Daubert motion

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In Interdigital Communication v. ZTE Corp., C.A. Nos. 13-009, 13-10-RGA (D. Del. Aug. 28, 2014), Judge Richard G. Andrews ruled on several motions for summary judgment filed by plaintiff and defendants. First, Judge Andrews addressed plaintiff’s motions that an asserted patent was not unenforceable due to inequitable conduct, and that the asserted claims of certain asserted patents were not invalid as anticipated, obvious, or for lack of enablement and written description. Id. at 3-6. Judge Andrews granted plaintiff’s motion regarding enablement, explaining that to demonstrate a lack of enablement, it is “necessary to show that one cannot practice the invention without undue experimentation,” and that defendants failed to “raise any evidence in their briefing” regarding undue experimentation. Id. at 5-6. Judge Andrews also granted plaintiff’s inequitable conduct summary judgment motion in part, explaining that while “there [was] a sufficient factual dispute as to the Siemens 004 reference,” the defendants did “not address the other five references.” Id. at 4. Accordingly, Judge Andrews found that defendants “waived their defense of inequitable conduct” as to those five references. Id. Judge Andrews denied plaintiff’s motion for summary judgment as to anticipation, obviousness, and lack of written description. Id. at 3-6. Judge Andrews also denied plaintiff’s Daubert motion. Id. at 8. Defendants had also filed summary judgment motions addressing various non-infringement and anticipation arguments. Id. at 6-7. Judge Andrews found a genuine issue of material fact to exist with respect to each of these issues and thus denied defendants’ motions. Id.

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