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Summary judgment cross-motions in patent dispute dismissed due to genuine factual and credibility issues.
Both parties moved for summary judgment in a patent infringement action regarding an aeration system for grain hoppers.
The plaintiff alleged infringement, while the defendant sought declarations of non-infringement or invalidity based on prior art.
The Federal Court dismissed both motions, finding genuine issues for trial due to fundamental factual disputes regarding essential claim elements, claims construction, and whether the alleged prior art was publicly available before the patent's priority date.
These disputes required credibility assessments better suited for trial.
