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Erise Team Earns Successful Summary Judgments

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Erise shareholders Eric A. Buresh and Mark C. Lang, along with counsel Jason R. Mudd and associates Chris R. Schmidt and Clifford T. Brazen, secured multiple successful rulings on motions for summary judgment in favor of client, Gogo LLC, a telecommunications and entertainment company that provides in-flight connectivity systems and services.

The case, Linksmart Wireless Technology v. Gogo, was first filed in April 2018 when the plaintiff, Linksmart Wireless Technology, alleged Gogo had previously infringed and continued to infringe the patent at issue – U.S. Reissued Patent No. RE46,459 (a “user specific automatic data redirection system”).

Judge John A. Kronstadt of the U.S. District Court for the Central District of California found that Linksmart could not collect damages associated with accused systems that were made or used prior to issuance of the asserted reissued patent under the Absolute Intervening Rights, a doctrine specific to reissue patents. 

The court also held that Linksmart “failed to meet its burden of showing that it made reasonable efforts to ensure that its licenses complied with the marking requirements” in 35 U.S.C. §287. This ruling limits Linksmart’s claims for damages to those arising only after the filing of the lawsuit, as opposed to the typical beginning of the damages period upon the later of the issuance of the asserted patent or six years prior to the filing of a lawsuit.  

Finally, the court granted Gogo’s motion for summary judgment, finding that “the accused system does not literally infringe the limitation ‘users/user’s rule set,’” which was present in every asserted claim.

Learn more about Erise’s work with patent litigation.

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