TRUSTEES OF BOSTON UNIVERSITY V. EVERLIGHT ELECTRONICS CO.

  • Jul 30 2018
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  • Category: CAFC Updates

Boston University   (“BU”) sued Everlight Electronics   Co. and others for infringing BU’s U.S. Patent No. 5,686,738 relating to the preparation of monocrystalline GaN films via molecular beam epitaxy. A jury found that Defendants infringed the ’738 patent and failed to prove the patent’s invalidity. Defendants then renewed their motion for judgment as a matter of law that the ’738 patent is invalid for not meeting the enablement requirement of 35 U.S.C. § 112. The district court denied Defendants’ motion, and Defendants appeal that denial. BU cross-appeals on other issues.  The CAFC reverses because the asserted claim of the ’738 patent is not enabled as a matter of law and dismisses BU’s cross-appeal as moot.

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