ALJ Gildea Denies Motions By Respondents and Staff for Summary Determination of Invalidity in 337-TA-692
ALJ Gildea has released the public version of his denials of a summary determination that one of the claims at issue in 337-TA-692, Certain Ceramic Capacitors and Products Containing The Same, is invalid. Both the respondents and the OUII Staff had moved, based on different pieces of prior art, that the claims at issue in the investigation were invalid based on either anticipation or obviousness. In the two denials the ALJ disagreed, finding that the Staff's motion contained a number of factual statements that were either wrong, or at the least established the existence of a genuine dispute concerning a material fact. The ALJ also found that the complainant's response to the respondents' motion either failed to meet the clear and convincing evidence standard, or established there was a genuine dispute concerning the references set forth by respondents.
Denial of Motion for Summary Determination of Invalidity #1 (.PDF)
Denial of Motion for Summary Determination of Invalidity #2 (.PDF)
