November 20, 2011
FutureLogic will appeal to the Federal Circuit Court of Appeals in Washington, D.C. the summary judgment rulingrecently issued in its patent infringement suit against Nanoptix Inc.
"FutureLogic's decision to appeal rests in our confidence in our patent infringement claims against Nanoptix and in the validity of our patent," Jon Huntley, FutureLogic's CFO, said in a company press release. "The summary judgment in this case relies on facts regarding the company's use of its patented technology prior to the filing of the patent application that FutureLogic and its counsel believe are in dispute and as a matter of law should be decided by a jury not by summary judgment motion."
The summary judgment, entered on Nov. 15, 2011 by Judge John F. Walter of the U.S. District Court for the Central District of California, involves U.S. Patent No. 7,594,855, and is immediately appealable.
"While we are disappointed in the summary judgment ruling on invalidity, the Federal Circuit, a specialized patent court, will review this decision as if this issue is being presented for the first time," Eric Meyerhofer, FutureLogic's CEO, said in the release. "In addition, during the case Nanoptix acknowledged that its printers performed the functions described in the patent. FutureLogic looks forward to this appeal and remains confident in our case and the validity of our patent."
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