Exergen Corporation v. Brooklands Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS EXERGEN CORPORATION, ) ) Plaintiff/Counter-Defendant, ) CIVIL ACTION NO. v. ) 12-12243-DPW ) BROOKLANDS INC., ) ) Defendant/Counter-Plaintiff. ) AMENDED MEMORANDUM AND ORDER February 20, 2018 The plaintiff Exergen’s initiative in bringing this patent infringement litigation has proven counterproductive. The case occasioned my decision to hold the asserted claims 51 and 54 of the ‘938 patent invalid. Exergen v. Brooklands, Inc.,

125 F. Supp. 3d 307

(D. Mass. 2015). Exergen, nevertheless, undertook to continue the litigation by…