Yesterday, the Federal District Court in Pittsburgh denied a motion for summary judgement that had been filed by Grant Street Group in its patent lawsuit against Realauction.com. By its motion, Grant Street Group had sought to prevent the jury from learning that eBay had an online auction website well before Grant Street Group applied for its patent. Realauction contends that the patent, which relates to online auctions, is invalid in light of prior to art such as eBay's website.
"This ruling is significant," said Realauction CEO Lloyd McClendon, "because when Grant Street Group applied for its patent, it did not tell the Patent and Trademark Office that eBay was already doing what Grant Street Group claimed to be its invention."
In another ruling earlier this month, the Patent and Trademark office concluded that Realauction had raised substantial new questions about the validity of Grant Street Group's patent. Consequently, in addition to Realauction's validity challenge in the lawsuit, the Patent and Trademark Office will independently be re-examining the validity of Grant Street Group's patent.
In Grant Street Group's prior lawsuit on a related patent against Thomson corporation, the Federal Court of Appeals found all the asserted patent claims to be either invalid or not infringed. "We look forward to presenting our non infringement and invalidity evidence to the jury at the upcoming trial," said Mr. McClendon.