Plaintiffs’ Motions for Summary Judgment Granted

Emory Univ. et al. v. Nova Biogenetics, Inc., et al., Case No. 1:06-cv-00141 (N.D. Ga. July 15, 2008) (Thrash, Jr., J.)

Judge Thrash granted (1) Plaintiffs’ motion for summary judgment on Defendant Nova Biogenetics, Inc.’s (Nova’s) counterclaims of invalidity and unenforceability and (2) Plaintiffs' motion for summary judgment that Defendant Nova infringed the patents-in-suit. Nova has had no counsel of record since its attorney withdrew from the case in January 2007, did not file any invalidity contentions or respond to Plaintiffs' infringement contentions under the Court’s Local Patent Rules, and did not respond to Plaintiffs' summary judgment motions. Finding no question of material fact as to the validity, enforceability, and infringement of the patents, the Court granted Plaintiffs' motions and entered a permanent injunction against the Defendant.