Kaye Scholer Secures Summary Judgment for AAT Bioquest in Patent Dispute

April 14, 2015

Kaye Scholer secured a business-critical victory for Bay Area company AAT Bioquest on April 13 when the California Northern District Court granted summary judgment of no invalidity and no inequitable conduct in a patent enforcement suit involving fluorescent calcium indicators used to observe and measure cell signaling.

Sunnyvale, California-based AAT Bioquest is a biotech company that develops and markets fluorescent calcium indicators. In late 2014, the company brought this patent enforcement suit against Austin, Texas-based TEFLabs, a competitor in the indicator market. TEFLabs had been selling an admittedly-infringing fluorescent calcium indicator, but refused to self-enjoin based on its assertion that AAT Bioquest’s patent was invalid. TEFLabs initially sought and was granted leave to file early summary judgment of invalidity, which it based on five separate defenses: lack of adequate written description, lack of enablement, anticipation, obviousness and inequitable conduct.

In addition to ruling against competitor TEFLabs on all counts, the Court granted each of AAT Bioquest’s cross-motions for summary judgment on all five of TEFLabs’ separate defenses.

“This is a critical victory for our client, who has continued to support the litigation effort notwithstanding the significant investment of resources that it has required for his company,” said Silicon Valley-based IP partner Deborah Fishman, who led the team.

The only issues remaining to be tried are remedies and exceptional case.

The team for AAT Bioquest also included Counsel Krista Carter, who led the briefing and expert work on this matter, presented the technology tutorial to the court and argued the majority of the five summary judgment motions in early March. 

The court decision can be downloaded, below. 

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