Judge Denies Summary Judgment In Software Synchronization Suit

Law360, New York (January 22, 2004, 12:00 AM EST) -- A U.S. district judge has denied Pumatech’s motion for summary judgment on Extended Systems’ inequitable conduct defense in the lawsuit between the rival makers of synchronization software.

District Judge D. Lowell Jensen of the U.S. District Court for the Northern District of California ruled that the state of mind of the inventors is a factual issue not appropriate for summary judgment.

However, the court stated that evidence on that defense would be presented only to the judge, and would not be heard by the jury because...
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