Judge Burke recommends denial of motion for summary judgment

In Lambda Optical Solutions, LLC v. Alcatel-Lucent USA Inc., et al., C.A. No. 10-487-RGA-CJB (D. Del. Aug. 7, 2015), Magistrate Judge Christopher J. Burke recommended denial of a counterclaim-defendant’s motion for summary judgment.  All other motions before the Court had been mooted by stipulation or the Court’s prior recommendation that summary be granted in favor of the plaintiff/counterclaim defendants.  See id. at 5, 7.

The Court first rejected the counterclaim-defendant’s lack of personal jurisdiction arguments as the issue had previously been adjudicated in the case.  Id. at 5-6.  Further, the Court concluded that issues of material fact remained regarding an inequitable conduct counterclaim, where the counterclaim-defendant, a named inventor, claimed he did not participate in the prosecution of the patent, but, the Court pointed out, the inventor still had a duty of candor and good faith to the patent office, he had signed a declaration to that effect, and the counterclaim-plaintiffs had produced evidence supporting their contention that the inventor had failed to disclose certain prior art.  Id. at 6 & n.2.

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