Frohlich: 6, 7, 14, 21, 22, 30 and 33-46
Baldwin: 41-43 and 50
12. The level of ordinary skill in the art is defined by the prior art references made of
record.
C. Decision
Frohlich miscellaneous motion 1
Some time ago, the parties were involved in a civil action in the United States District
Court for the Southern District of California. Frohlich’s then real party in interest, Phase Change
Laboratories, Inc. (PCL)1 sued Baldwin’s real party in interest Vesture Corporation (Vesture) for
patent infringement of Frohlich’s involved 5,884,006 (‘006) patent. Baldwin counterclaimed
that all of the claims in the ‘006 patent were invalid for failing to comply with one or more of the
statutory requirements of the Patent Act, 35 U.S.C. § 1 et seq., including, 35 U.S.C. §§ 102, 103
and/or 112, and all parts, subparts or paragraphs thereof, and that the inventors of the Frohlich
patent did not invent the inventions claimed in the Frohlich patent. The parties settled the
dispute, and the district court judge entered an order dismissing the action with prejudice (Paper
17).
Frohlich, through its miscellaneous motion 1, requests that judgment be entered against
Baldwin based on equitable estoppel, or alternatively, based on estoppel by judgment. It is
Frohlich’s position that the settlement agreement and the order from the district court dismissing
the action with prejudice should have prevented Baldwin from provoking this interference.
1 PCL assigned Frohlich’s involved patent to Energy Storage Technologies (EST).
Later, PCL was merged with and into EST (motion at 2).
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