Exergen Corporation v. Kaz USA, Inc.

On August 20, 2015, the U.S. District Court for the District of Massachusetts issued an order denying Kaz USA, Inc.’s (“Defendant”) motion for summary judgment of obviousness and granting Defendant’s motion for summary judgment for no willful infringement.  In the underlying case, Exergen Corporation (“Plaintiff”) accused the Defendant of infringing U.S. Patent Nos. 6,292,685 (“the ‘685 Patent”) and 7,787,938 (“the ‘938 Patent”), which are drawn to temporal artery temperature detectors.  In the decision, the U.S. District Court for the District of Massachusetts (i) denied Defendant’s motion for summary judgment of obviousness because pertinent questions of fact remained with respect to the obviousness (or lack thereof) of the claims of the ‘685 Patent and the ‘938 Patent, and (ii) granted Defendant’s motion for summary judgment of no willful infringement because Defendant had presented an objectively reasonable obviousness defense based on one of Plaintiff’s own prior patents. The case remains pending and is captioned 1-13-cv-10628.

By: Jacqueline A. DiRamio

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