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New and Useful - March 15, 2013

March 15, 2013
Post by Blog Staff

  • In Brilliant Instruments, Inc. v. GuideTech, LLC, the Federal Circuit reversed a district court’s order granting summary judgment of non-infringement of three related patents. The three asserted patents relate to circuits that measure the timing errors of digital signals in high-speed microprocessors. The inventor of the three patents left employment with the plaintiff, GuideTech, and founded the defendant Brilliant Instruments. Plaintiff alleged that two of Brilliant’s products infringed its patents. The district court granted summary judgment of non-infringement GuideTech argued that the district court erred in concluding no genuine issue of material fact existed with respect to infringement of the three patents, particularly in light of GuideTech’s expert reports describing the defendant’s products and delineating a theory of literal infringement and infringement under the doctrine of equivalents. Ultimately, the Federal Circuit concluded that the evidence, particularly the expert reports, provided a sufficient basis for a genuine issue of material fact.

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