Intellectual Property Law

Sue L. Robinson: Summary Judgment Practice on Equitable Issues

By Karen E. Keller, Andrew A. Lundgren et al.

In a recent decision, District Judge Sue L. Robinson explained her practice on adjudicating post-trial equitable claims. The Court noted that it "does not entertain motions for summary judgment on equitable issues, instead holding bench trials on such issues." In the underlying action, Defendant Pylon had filed its summary judgment motion on inequitable conduct following a jury trial on infringement and invalidity. According to the Court, "although Pylon styles its post-trial paper as a 'motion,' in reality Pylon has simply filed its post-trial brief in support of its claim of unenforceability." D. Del. practitioners take note.

Robert Bosch LLC v. Pylon Manufacturing Corp., C.A. No. 08-542-SLR (D. Del. Mar. 9, 2011) (Robinson, J.).

Full post as published by Delaware IP Law Blog on March 18, 2011 (boomark / email).