“FutureLogic’s decision to appeal rests in our confidence in our patent infringement claims against Nanoptix and in the validity of our patent,” said Jon Huntley, FutureLogic’s CFO.
“The summary judgment in this case relies on facts regarding the company’s use of its patented technology prior to the filing of the patent application that FutureLogic and its counsel believe are in dispute and as a matter of law should be decided by a jury not by summary judgment motion.”
“While we are disappointed in the summary judgment ruling on invalidity, the Federal Circuit, a specialized patent court, will review this decision as if this issue is being presented for the first time. In addition, during the case Nanoptix acknowledged that its printers performed the functions described in the patent,” added Eric Meyerhofer, FutureLogic’s CEO.
“FutureLogic looks forward to this appeal and remains confident in our case and the validity of our patent.”
The summary judgment, entered on November 15, 2011 by Judge John F. Walter of the U.S. District Court for the Central District of California, involves U.S. Patent No. 7,594,855, and is immediately appealable.