The District Court of Colorado granted EcoFasten’s motion for summary judgement invalidating all patent claims asserted against EcoFasten by D Three Enterprises. The Court’s order brings the dispute initiated by D Three Enterprises to a close.
D Three Enterprises filed its action against EcoFasten in June of 2015, ultimately asserting claims from U.S. Patent Nos. 8,689,517, 8,707,655 and 9,068,339. From the beginning of the suit, EcoFasten maintained that the claims were without merit and that D Three Patents were invalid. In its recent order granting EcoFasten’s motion, the Court found that EcoFasten’s prior commercial activities predated the effective filing dates of each of D Three Enterprises asserted patents. This finding led to a further finding that EcoFasten’s prior commercial activities were prior to the D Three Enterprises’ patents, rendering each of the asserted patents anticipated and invalid.
Quote from EcoFasten Solar’s founder and owner, Brian Stearns:
“This finding by the Colorado Court confirms our unwavering position that D Three’s claims were baseless. EcoFasten Solar has a long, proud tradition of innovation. We work diligently to respect the patent rights of others. We also have and will continue to aggressively enforce our patent portfolio against infringing parties”
— Solar Builder magazine