Klarquist Obtains Summary Judgment Win for SunModo in Patent Infringement Suit

Published March 17, 2017

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.

Klarquist attorney Scott E. Davis argued on behalf of SunModo at the Colorado District Court. Todd M. Siegel also represented SunModo in this matter. View Judge Shaffer’s memorandum opinion and order.