Kapusta v. Gale Corp.

ORDER

KARLTON, Senior District Judge.

This case is on remand from the Federal Circuit, which vacated this court’s previous Claim Construction Order. Pending before the court now are plaintiffs three motions for summary judgment and defendant’s motion for summary judgment. First, plaintiff argues that it is entitled to summary judgment on the issue of infringement. Second, plaintiff contends that defendant should be precluded from arguing that plaintiffs patent is invalid because defendant will be unable to establish the level of ordinary skill in the art. Third, plaintiff argues that its patent…