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But OP falsely claims that summary judgment is impossible. This just isn't right. Summary judgment is possible whenever there's no genuine dispute about mater
by ikeboy 6y ago
But OP falsely claims that summary judgment is impossible.
This just isn't right.
Summary judgment is possible whenever there's no genuine dispute about material facts after discovery. If the facts show prior art, the judge can absolutely grant summary judgment.
See e.g. https://casetext.com/case/old-reliable-wholesale-4 https://casetext.com/case/old-reliable-wholesale-4 for a case invalidating a patent on summary judgment.
- AnimalMuppet 6y agoThat's true. But discovery isn't free, either. When the other side can ask for you to produce a million pages of documentation, which you have to produce before you can get to summary judgment, that's an economic problem for someone like Gnome.
- ikeboy 6y agoDocuments are supposed to be relevant. If you only want to fight on a core legal issue and don't dispute the facts, you should be able to cut down discovery significantly. Which may not be an advisable approach, if the facts alleged are false.
- beervirus 6y agoYou can get summary judgment before full discovery.