Judge denies summary judgment motion on no invalidity as not ripe

December 16, 2014 – Chief United States District Judge for the Eastern District of North Carolina, Western Division, James C. Dever III, denied a motion for partial summary judgment of no invalidity brought by Plaintiff, Polyzen, Inc. in the pending case Polyzen, Inc. v. RadiaDyne, LLC, Civil Action No. 5:11-cv-00662-D (E.D.N.C. 2014). The litigation was brought by Polyzen, alleging infringement by RadiaDyne of Polyzen’s U.S. Patent No. 7,976,497, entitled “Multi-layer film welded articulated balloon.” Polyzen filed the motion to prevent RadiaDyne from bringing a defense of invalidity in the case because, as it stated in its briefing on the motion, RadiaDyne never raised invalidity as a defense, affirmative defense, or as a counterclaim in its pleadings in the litigation. Therefore, to clarify the issues for trial and because the time for amendment of pleadings has long passed, Polyzen moved for summary judgment to confirm that invalidity is not part of the litigation. Chief Judge Dever, in a two-page opinion, denied Polyzen’s motion for summary judgment of no invalidity, stating that the issue of the ’497 patent’s validity is not ripe because RadiaDyne has not yet asserted that the ’497 patent is invalid.

By: Frederick C. Millett

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