It is not common for a patent to be declared invalid on summary judgment. One recalls that the University of Rochester's COX-2 patent was declared invalid on summary judgment, which decision was upheld by the CAFC.
Commenting on the announcement, John Stanik, president and chief executive officer of Calgon Carbon [Pittsburgh, PA] , said, "We are, of course, disappointed with the ruling, but recognize that patent issues are complex and are often resolved in the higher courts."
There is an "industry standards" issue.
The Robinson Township, PA-based company stands to benefit from a U.S. Environmental Protection Agency mandate that all public water systems nationwide that rely on surface water sources, to monitor and possibly treat their systems for cryptosporidium.
Calgon Carbon's ultraviolet light system for treating water fits the EPA's new guidelines for destroying the parasite, specifically by scrambling its DNA and thus not allowing it to multiply.
Calgon's ultraviolet systems are priced from roughly $50,000, to millions of dollars. It had planned on charging a 1.5-cent per 1,000 gallons of water treated licensing fee.
[IPBiz post 1727]