Research Frontiers Incorporated v. E Ink Corporation, et al., C.A. No. 13-1231 - LPS, March 31, 2016.

Burke, M. J. Report and Recommendation recommending that defendants’ motion for partial summary judgment be denied. Oral argument took place on November 2, 2015.

The disputed technology relates to light valves. Defendants assert that a single prior art patent anticipates the patent-in-suit.  Furthermore, they claim that plaintiff’s statements about that prior art which appear in one of its own European patents prevents plaintiff from raising a genuine issue of material fact regarding anticipation in this action. Defendants claim that the statements made in the foreign patent serve as an admission that the prior art discloses every limitation of claim 1 of the patent in suit, and also an admission that the prior art is enabled. The court does not agree that plaintiff’s admission amounts to a clear concession that the prior art reference was enabled as to a film utilizing organic particles.  The court concludes that plaintiff has made a sufficient showing that there are genuine issues of material fact which preclude summary judgment.