D Three Enterprises, LLC v. SunModo Corporation, No. 1:15-cv-01151 (D. Colo.)

SunModo Corporation prevailed on summary judgment in a patent infringement suit brought by D Three Enterprises. D Three had alleged infringement of three patents relating to roof mount assemblies that can be used for solar panels.

Klarquist argued invalidity of all of the 30+ asserted claims. On March 15, Judge Craig B. Shaffer ruled that D Three’s asserted claims were invalid since they were not entitled to the earliest asserted effective filing date under 35 U.S.C. §§ 112 and 120. D Three did not dispute that the claims were invalid in view of intervening prior art if not entitled to the earliest possible effective filing date of a provisional patent application.

D Three Enterprises, LLC v. SunModo Corporation – Memorandum Opinion and Order

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