Richards Layton & Finger

Judge Andrews Denies Without Prejudice Motion to Vacate Summary Judgment of Invalidity

November 13, 2017

In CallWave Communications LLC v. AT&T Mobility LLC, C.A. No. 12-1701-RGA (D. Del. Oct. 10, 2017), and related cases, Judge Andrews denied the plaintiff’s motion to vacate the Court’s claim construction of a particular term and the Court’s grant of summary judgment that certain claims of an asserted patent were invalid under 35 U.S.C. § 101. The motion arose after the parties settled the dispute while the case was on appeal. Noting that both he and other judges in the district had previously addressed similar requests, Judge Andrews denied the motion but granted leave to renew with a “fully briefed” motion.

Key Point: Judge Andrews stated that he would grant the motion to vacate the Court’s claim construction and summary judgment of invalidity only if “exceptional circumstances” were present.