Kapusta

ORDER

This case is on remand from the Federal Circuit, which vacated this court’s previous Claim Construction Order. Pending before the court now are plaintiffs three motions for summary judgment and defendant’s motion for summary judgment. First, plaintiff argues that it is entitled to summary judgment on the issue of infringement. Second, plaintiff contends that defendant should be precluded from arguing that plaintiffs patent is invalid because defendant will be unable to establish the level of ordinary skill in the art. Third, plaintiff argues that its patent cannot be invalidated on grounds of anticipation, because none of defendant’s prior art references disclose each and every limitation of plaintiffs patent. Last, defendant claims that plaintiffs patent is invalid because he abandoned the application and that the patent is unenforceable because of inequitable conduct.

For the reasons set forth below, the motion for infringement is granted; the motion for no invalidity under § 103(a) is denied; the motion for no invalidity under § 102(b) is granted in part and denied in part; and the motion for summary judgment of patent invalidity and unenforce-ability is denied.

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