KBS Wins Summary Judgment in Patent Infringement Action

December 15, 2016

In connection with defending a large manufacturer and distributor of swim spas and hot tubs that was sued for patent infringement, KBS recently moved for summary judgment. Using a little known theory of “estoppel by acquiescence”, KBS argued that the patent was not entitled to the filing date claimed by the plaintiff. The Court agreed, and as a result, held the entire patent invalid, eliminating a multimillion dollar patent infringement claim brought by the plaintiff even before discovery in the case was complete. KBS partner, Jeff Kaplan, led the effort on summary judgment – read the Court’s Opinion here.