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Keywords

summary judgmentpatentcivil procedure
trialsummary judgment

Related Cases

Lifescan, Inc. v. Can-Am Care Corp., 859 F.Supp. 392, 31 U.S.P.Q.2d 1533

Facts

Issue

Rule

Under the Federal Rules of Civil Procedure, summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. An implied license is granted when a patent owner's unrestricted sale of an item useful only in practicing the claimed invention indicates that a license should be inferred, provided the item has no non-infringing uses.

The purpose of summary judgment is to avoid trial where there is no genuine factual issue and moving party is entitled to judgment as matter of law. Fed.Rules Civ.Proc.Rule 56(c), 28 U.S.C.A.

Analysis

Conclusion

Who won?

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