UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES v. USA

RESPONSE to 116 MOTION for Partial Summary Judgment Claims 7,8,10 and 11 Are Not Invalid

Fed. Cl.February 15, 2019

1 THE UNITED STATES COURT OF FEDERAL CLAIMS UNIVERSITY OF SOUTH FLORIDA, BOARD OF TRUSTEES, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) No. 15-1549 Judge Patricia Campbell-Smith UNITED STATES’ RESPONSE TO MOTION BY USF FOR PARTIAL SUMMARY JUDGMENT – CLAIMS 7, 8, 10 and 11 ARE NOT INVALID UNDER 35 U.S.C. §112 Defendant, the United States of America (the government), hereby respectfully submits this response to Plaintiff University of South Florida Board of Trustees’ (USF’s) Motion for Partial Summary Judgment that claims 7, 8, 10 and 11 of the ’094 patent are not invalid for failure to satisfy the written description and enabling disclosure requirement of 35 U.S.C. §112, first paragraph. Dkt. No. 116. Having reviewed USF’s motion, and upon further investigation of the evidentiary record, the government will no longer pursue this invalidity defense against claims 7-8 and 10-11 under section 112, first paragraph. Accordingly, the government requests that the Court deny USF’s motion as moot. Despite this request, the government is nonetheless taking no position on USF’s Statement of Material Facts, Dkt. No. 116 at 4-7, or any other allegation in USF’s motion. Thus, the government’s position on this motion should not be deemed an admission of any specific factual or legal positions taken by USF in its motion, or as a concession of any other invalidity defense the government has asserted in this case. Case 1:15-cv-01549-PEC Document 129 Filed 02/15/19 Page 1 of 2 2 Dated: February 15, 2019 Respectfully submitted, JOSEPH H. HUNT Assistant Attorney General GARY L. HAUSKEN Director s/Walter W. Brown WALTER W. BROWN Senior Litigation Counsel Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Telephone: (202) 353-0517 Facsimile: (202) 307-0345 Email: walter.brown2@usdoj.gov Attorneys for the United States Case 1:15-cv-01549-PEC Document 129 Filed 02/15/19 Page 2 of 2