District Court Judge Denies Summary Judgment on Indefiniteness, but Grants on Intervening Rights in Microdermabrasion Patent Case

June 2, 2016—District Judge Manuel L. Real of the United States District Court for the Central District of California filed an order granting in part and denying in part Defendant Kelley West Enterprises, LLC, Presser Direct, LLC, Amazon.com, Inc., HSN, Inc., and DOES 1 through 10’s motion for summary judgment. Defendants motioned for summary judgment, claiming Plaintiff Altair Instruments, Inc.’s U.S. Patent No.  6,421,739, entitled “Microdermabrasion Device and Method of Treating the Skin Surface,” directed toward a microdermabrasion and vacuum device and method of use, was invalid as indefinite. Defendants also motioned for summary judgment that collateral estoppel warranted a finding of intervening rights following reexamination based on a decision by the court in one of Plaintiff’s prior cases. Judge Real denied the motion for summary judgment based on indefiniteness, but granted the motion on the basis of intervening rights. This action is captioned, Altair Instruments, Inc v. Kelley West Enterprises, LLC et al, 2-15-cv-08115 (C.D. Cal.).

By: H. Rachael Million-Perez

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