Klarquist Summary Judgment Win Affirmed by Court of Appeals

Published May 21, 2018

On Monday, the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s summary judgment ruling in favor of Klarquist clients SunModo and EcoFasten Solar. Previously, the U.S. District Court for the District of Colorado ruled that the asserted claims of the patents-in-suit were invalid because they were not entitled to priority to an earlier application, rendering the accused products prior art. The asserted patents directed to a roof mount sealing assembly were deemed to have claims that were broader than what was disclosed in the initial provisional patent application. The Federal Circuit upheld the district court, finding that the asserted claims were not supported by sufficient written description in the provisional application and were thus invalid. Defendants were represented by Klarquist attorneys Scott Davis, Todd Siegel, and Sarah Jelsema.

Link to Opinion: D Three Enterprises, LLC v. SunModo Corp. et al., Nos. 2017-1909, -1910 (Fed. Cir. May 21, 2018).