Failure to challenge plaintiff's ownership of patent in opposition to motion for summary judgment of infringement waives ownership defense. (Patents).

In a recent case, the Federal Circuit ruled that the accused infringers waived the defense that plaintiffs did not own the patent-insuit by failing to contest ownership in opposition to plaintiffs' motion for summary judgment of infringement. [Pandrol USA v. Airboss Ry. Prods., Inc., 2003 WL 367892, Nos. 02-1067, 02-1355 (Fed. Cir. Feb. 21,2003).] According to the Federal Circuit, an accused infringer must raise an ownership defense in response to a summary judgement motion because "lack of ownership is viewed as a defense to the claim of infringement."

Pandrol USA LP and Pandrol Ltd. (collectively, Pandrol) brought an action claiming direct infringement of US Patent …