“The patent litigation is a long and complex process, and we are blessed to be in America where eventually, justice shall prevail,” said Charlie Cheng, Kilopass chief executive officer. “We believe the judge ruled in error and prematurely, and we intend to take the issues to the appellate court and other venues to seek the correct ruling.”
Indeed, this somewhat surprising early decision seems to rest upon preliminary proceedings at the USPTO that are still ongoing. The expediency of the decision overshadows the important rationale for the legal process, which is summary judgement can only be issued when there is no dispute whatsoever with the facts, just the law.
“We are confident that when the Appellate Court panel of judges reviews the case, they will agree that there is a dispute between Kilopass and Sidense,” said Lee Cleveland, Kilopass vice president of R&D.