Neology to Move for Summary Judgment on Infringement after District Court Judge Stark of the Federal District Court in Delaware has entered his order in Neology's ongoing litigation against Federal Signal Corporation, adopting in its entirety Magistrate Judge Thynge's Report and Recommendation with respect to Neology's motion for preliminary injunction.
While Magistrate Judge Thynge recommended denial of Neology's request for an expedited injunction, Judge Thynge found that Neology demonstrated a likelihood of success on the merits, "with regard to claim 1 of the 7,081,819 patent, because [Federal Signal] failed to raise a substantial question concerning either infringement or validity."
Federal Signal presented its strongest arguments on preliminary claim construction including presenting extensive expert testimony. Ultimately, Magistrate Judge Thynge agreed with Neology's proposed construction for claim 1 of the 7,081,819 patent. Federal Signal conceded at the hearing that this proposed construction establishes its infringement of the '819 patent.
Neology intends to move for summary judgment of infringement in conjunction with the upcoming final claim construction for the 6 related patents in suit and over 30 potential claims already scheduled for January-March of 2013. Neology now seeks a quick determination of Federal Signal infringement.
The California law suit with 4 additional patents and over 20 potential claims is Neology's commitment to ultimately stop Federal Signal and any allied third party from all infringing activities of making, selling, importing, exporting, using, making or selling products, systems and subsystems and to recover substantial and material damages suffered from FS' infringement of Neology intellectual property.