On October 7, the United States Court of Appeals for the Federal Circuit (CAFC), in AntennaSys, Inc. v. AQYR Technologies, Inc., vacated and remanded a decision of the United States District Court for the District of New Hampshire. In particular, the CAFC vacated the district court’s grant of summary judgment of non-infringement and remanded for the district court to address “all factual issues pertaining to AntennaSys’s ability to bring its patent infringement claim against AQYR.” The opinion was written by Judge O’Malley, who found the appeal to be “extremely frustrating” and “refuse[d] to take the parties’ invitation to rule on [the factual] issues in the first instance” due to an incomplete record.
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