In this patent infringement action between competing producers of satellites and satellite networking systems, ViaSat plaintiffs asserted that Space Systems/Loral infringed the ‘875 patent. As explained by the district court, the ViaSat plaintiffs are corporations that develop commercial and military satellite and digital communication technologies. SS/L is a wholly owned subsidiary of Loral, and both SS/L and Loral are also involved in the satellite business. In 2006, ViaSat and SS/L began negotiating over the possibility of collaborating on a major satellite construction project.
SS/L moved for summary judgment arguing that the earliest date at which ViaSat’s claims to the ‘875 Patent had written description support under 35 U.S.C. § 112, ¶ 1 was March 25, 2009. The ‘875 Patent is a “continuation-in-part” application, and ViaSat argued that it claims priority to a series of provisional applications that it filed in 2006.
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