Summary Judgment Motion For Non-Infringement Requires Only Arguments, Not Evidence
Client Alert | 1 min read | 03.29.06
In Exigent Technology, Inc. v. Atrana Solutions, Inc. (No. 05-1338; March 22, 2006), the Federal Circuit affirms the district court's grant of summary judgment of non-infringement, and remands on other issues. Exigent sued Atrana for patent infringement. After close of fact discovery and a Markman hearing, Atrana filed a motion for summary judgment arguing, inter alia , non-infringement. The motion included a declaration from Atrana's chief executive stating that no Atrana system included particular claim limitations. Exigent did not file a substantive response to the motion. Instead it requested an extension of time to respond, which was subsequently denied by the district court. On appeal Exigent argues that Atrana's motion for summary judgment lacked sufficient evidence to establish non-infringement.
Relying upon Supreme Court precedent, the Federal Circuit holds that a party filing a summary judgment motion need not produce evidence demonstrating absence of a genuine issue of material fact for issues on which the opposing party bears the burden of proof at trial; the accused infringer need only argue non-infringement and identify claim limitations which are not met. The Court dismisses Exigent's argument that the applicable law of the circuit requires additional evidence of non-infringement as contrary to the Supreme Court precedent. Since Exigent bears the burden of proof on infringement, the Federal Circuit holds Atrana met its burden.
Insights
Client Alert | 3 min read | 05.28.26
Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program.
Client Alert | 8 min read | 05.28.26
Texas Targets Big Tech With Wave of Suits and Investigations, Part of Nationwide Trend
Client Alert | 7 min read | 05.27.26
Colorado Hits Reset on AI Regulation: SB 26-189 Repeals and Reenacts the Colorado AI Act
Client Alert | 3 min read | 05.27.26
Don’t Get Left in the Doghouse: The Federal Circuit’s Global K9 Case and the Duty to Intervene
