D Three Enterprises, LLC v. Sunmodo Corp.

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D Three’s patents, issued in 2014-2015, are directed to roof mount sealing assemblies. EcoFasten’s allegedly infringing product was available to the public in June 2009. D Three claimed priority from its 2009 Application’s effective filing date, February 2009. The Federal Circuit affirmed summary judgment, holding that the asserted claims could not claim priority from the application because they were broader than the invention disclosed in the application, such that they did not meet the written description requirement, 35 U.S.C. 112(a). The court divided the asserted claims into two categories–– claims that recited a washer and claims that did not––and asked whether “the parent applications disclose roof mount assemblies that (a) do not have a soft washer but also do not limit the type of attachment bracket, and (b) have a soft washer but do not limit its location.” The application’s only disclosure of a washerless assembly “requir[ed a] W[-]pronged attachment bracket 1700,” but the asserted claims disclosed broader configurations of washerless assemblies; the application's assemblies with washers only disclosed washers situated “above the flashing,” but the asserted claims covered assemblies with washers below the flashing. The court invalidated the asserted claims as anticipated. View "D Three Enterprises, LLC v. Sunmodo Corp." on Justia Law