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Eljen convinces US judge to revisit prior art public accessibility holding

By Melissa Ritti ( March 12, 2025, 13:25 GMT | Insight) -- A US judge has reconsidered her November 2024 decision to exclude various prior art references in a dispute over leaching field technology for failure to qualify as printed publications or show public use on sale prior to the 2005 critical date of a wasteater treatment patent. In reversing course, the judge said she wrongly declared an expert for Eljen Corp. to have based his invalidity opinion on inadmissible hearsay — an objection not made by patent owner Geomatrix Systems until oral arguments. With her summary judgment of direct and contributory infringement liability intact, yesterday's ruling offers Eljen a lifeline heading into a planned May trial.A promotional publication and product manual can be relied upon by Eljen in mounting an invalidity defense to allegations of patent infringement by Geomatrix....

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