You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

University Patents, Inc. v. Questor Corporation

Citations: 517 F. Supp. 676; 213 U.S.P.Q. (BNA) 711; 1981 U.S. Dist. LEXIS 13257Docket: Civ. A. 81-K-233

Court: District Court, D. Colorado; July 9, 1981; Federal District Court

Narrative Opinion Summary

In this patent infringement case, University Patents, Inc. brought a complaint against Questor Corporation, alleging violations under 35 U.S.C. § 271 concerning a process patent related to the manufacture of boots with pressure-compensating ankle support. The court's jurisdiction was based on 28 U.S.C. § 1338(a). Questor Corporation, which manufactures boots in Italy and distributes replacement liners in the U.S., sought partial summary judgment on the grounds that their activities did not constitute infringement of the process patent, as the patented process was not completed within the United States. The court emphasized that for process patent infringement, all steps must be performed domestically. The plaintiff's claim of induced infringement was dismissed due to a lack of evidence that all steps were completed in the U.S. Consequently, the court granted the defendant's motion for partial summary judgment, dismissing claims related to U.S. Patent No. 3,402,411, and ruled that each party would bear its own costs. The court further rejected the plaintiff's argument regarding whether replacing boot liners constituted a 'repair' or a 'replacement,' finding it irrelevant to the process patent claim.

Legal Issues Addressed

Inducement of Infringement

Application: The plaintiff's claim that the defendant induced others to perform part of the patented process was insufficient without evidence that all steps were performed in the U.S.

Reasoning: The plaintiff claimed the defendant induced others to perform the third step of the process, but did not assert that the first two steps were performed in the U.S.

Jurisdiction under 28 U.S.C. § 1338(a)

Application: The court's jurisdiction over the patent infringement case is based on 28 U.S.C. § 1338(a), which provides federal courts with jurisdiction over patent disputes.

Reasoning: Jurisdiction is established under 28 U.S.C. § 1338(a).

Patent Infringement under 35 U.S.C. § 271

Application: The court analyzed the requirements for process patent infringement, noting that infringement requires the processes to be carried out within the United States.

Reasoning: The court noted that patent infringement for a process patent requires that the processes be carried out within the U.S., referencing case law that states the sale of a product made from a process does not equate to infringement of that process.

Requirements for Process Patent Infringement

Application: The court highlighted the necessity for all steps of a patented process to be completed within the United States to establish infringement, which was not satisfied in this case.

Reasoning: The court ruled that all steps of a process must be used for a claim of infringement to succeed.

Summary Judgment Standards

Application: The court granted summary judgment to the defendant, concluding that even with all facts viewed in favor of the plaintiff, the defendant was entitled to judgment as a matter of law.

Reasoning: The court found that even if all disputed facts were viewed favorably for the plaintiff, the defendant was still entitled to judgment.