Analysis
Kilopass Announces Appeal Plans for Patent Infringement Case
Kilopass today announced that it plans to appeal the summary judgement ruling recently issued in its patent infringement suit against Sidense. Kilopass’ decision to appeal rests in its conviction that Sidense’s products are infringing on Kilopass’ patents. The summary judgement order in this case relies on issues that are under dispute and should be decided by a jury as a matter of right.
“TIndeed, this somewhat surprising early decision seems to rest upon preliminary proceedings at the USPTO that are still ongoing. The expediency of the decision overshadows the important rationale for the legal process, which is summary judgement can only be issued when there is no dispute whatsoever with the facts, just the law.
“We are confident that when the Appellate Court panel of judges reviews the case, they will agree that there is a dispute between Kilopass and Sidense,” said Lee Cleveland, Kilopass vice president of R&D.