Magistrate Judge Craig B. Shaffer of the U.S. District Court for the District of Colorado granted summary judgment of invalidity in two related patent infringement cases of brought by D Three Enterprises, LLC. The plaintiff asserted infringement of three related U.S. patents relating generally to roof mount assemblies typically used to mount solar panels to roofs.
The defendants argued that the asserted patents were not entitled to the filing date of the earliest common application due to insufficient written description in that application. The court held that the plaintiff bore the burden of establishing the earlier priority date by demonstrating adequate written description. The plaintiff argued that the patents were entitled to a presumption of the earlier filing date, an argument the court rejected. The court further held that the written description in the earlier application did not support the asserted claims.
Based on the later filing date, the court held that the asserted claims were invalid because the plaintiff had asserted those claims against defendants’ products that were sold prior to the effective filing dates.
The cases are D Three Enterprises, LLC v. Rillito River Solar LLC d/b/a Ecofasten Solar, No. 15-cv-1148-CBS (D. Colo.) and D Three Enterprises, LLC v. Sunmodo Corporation, No. 15-cv-1151-CBS (D. Colo.).