FutureLogic Inc., a California corporation v. Nanoptix Inc., a Canadian corporation
Published: Dec. 17, 2011 | Result Date: Nov. 15, 2011 | Filing Date: Jan. 1, 1900 |Case number: 2:2010-cv-07678 Summary Judgment – Defense
Court
USDC Central
Attorneys
Plaintiff
Brett J. Williamson
(O'Melveny & Myers LLP)
Defendant
Mark D. Nielsen
(Cislo & Thomas LLP)
Daniel M. Cislo
(Cislo & Thomas LLP)
Facts
FutureLogic Inc. filed a patent infringement lawsuit against Nanoptix Inc.
Result
Summary judgment of invalidity based on the on sale bar under 35 U.S.C. Section 102(b) was granted. The Court found that U.S. Patent No. 7,594,855 ("855 Patent") covers a dual port printer that prints vouchers and coupons for gaming customers. The "critical date" for purposes of determining whether the '855 Patent invention was on sale under 35 U.S.C. Sect. 102(b) was March 29, 2001, and the Court therefore focused on FutureLogic's activities prior to that date. The Court found that the invention was reduced to practice by FutureLogic on January 21, 1998, and that FutureLogic sold 24 patented units at $850 each to Coca-Cola and delivered them in March and April 2000. The Court rejected FutureLogic's argument that the sale was for experimental purposes and found, among other things, that the sold units were in Coca-Cola's control and not returned to FutureLogic after the sale was made.
Other Information
FutureLogic was expected to appeal.
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