Trustees of Boston University v. Kingbright Electric Co., Ltd. et al. (13-cv-12335).

In a different part of Boston University’s series of patent infringement suits against LED manufacturers, now consolidated, Judge Saris granted in part and denied in part Kingbright’s motion for judgment on the pleadings. The Kingbright case was stayed pending the resolution of earlier such cases, and following the invalidation of claim 19 for lack of enablement, Kingbright filed its motion to dismiss or, in the alternative, for summary judgment. Kingbright, which sells LED packages that utilize LED’s manufactured by Epistar, Cree, and Tekcore, sought judgment no the pleadings as to the products that incorporated Epistar’s LED chips under the Kessler doctrine. This doctrine bars infringement actions against a customer of a seller who had prevailed in an infringement suit because of invalidity or noninfringement. As Epistar was one of the parties that prevailed in the lack of enablement finding, and because in any event claim preclusion would prohibit B.U. from bringing infringement claims based on different claims against Epistar (who had indemnified Kingbright), Judge Saris granted the motion with respect to these products. She denied the motion with respect to the products incorporating Cree and Tekcore chips, as neither the Kessler Doctrine nor claim preclusion would apply.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s