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