Color Kinetics Incorporated v. TIR Systems Ltd.

MOTION for Summary Judgment on the Issue of Inequitable Conduct

D. Mass.August 4, 2006

791171.1 IN THE UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS COLOR KINETICS INCORPORATED, Plaintiff v. Civil Action No.: 03-cv-12491 (MEL) TIR SYSTEMS LTD., Defendant. COLOR KINETICS’ MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF INEQUITABLE CONDUCT Pursuant to Fed.R.Civ.P. 56, Plaintiff Color Kinetics Incorporated (“Color Kinetics”) hereby moves for summary judgment against Defendant TIR Systems, Ltd. (“TIR”) on the issue of inequitable conduct on the grounds that the facts alleged by TIR cannot, as a matter of law, constitute inequitable conduct. There are no disputed issues of material fact concerning the allegations of inequitable conduct and Color Kinetics is entitled to judgment as a matter of law for each patent-in-suit that TIR has not proven, and cannot prove, inequitable conduct. The grounds for granting this motion are further described in Color Kinetics’ Memorandum in Support of its Motion for Summary Judgment on the Issue of Inequitable Conduct, filed herewith. Case 1:03-cv-12491-MEL Document 79 Filed 08/04/2006 Page 1 of 2 791171.1- LOCAL RULE 7.1(A)(2) CERTIFICATION Counsel for Color Kinetics hereby certify that we have conferred with opposing counsel and have attempted in good faith, but without success, to resolve or narrow the issues presented in this motion. Respectfully submitted, COLOR KINETICS INCORPORATED Dated: August 4, 2006 /s/ Aaron W. Moore_____________ Matthew B. Lowrie, BBO No. 563,414 Aaron W. Moore, BBO No. 638,076 Emily A. Berger, BBO No. 650,841 Thomas P. McNulty, BBO No. 654,564 Lowrie, Lando & Anastasi, LLP One Main Street - 11th Floor Cambridge, MA 02142 Tel: 617-395-7000 Fax: 617-395-7070 CERTIFICATE OF SERVICE I hereby certify that today I caused a true and correct copy of the foregoing to be served, by CM/ECF, on the following counsel of record: Mark G. Matuschak, Esq. Wilmer Cutler Pickering Hale and Dorr LLP 60 State Street Boston, MA 02109 Dated: August 4, 2006 /s/ Aaron W. Moore Aaron W. Moore Case 1:03-cv-12491-MEL Document 79 Filed 08/04/2006 Page 2 of 2