Summary Judgment Granted on Invalidity

Touchcom, Inc. v. Dresser, Inc., 427 F.Supp.2d 730, E.D.Tex., December 05, 2005
Judge: T. John Ward
Division: Marshall
Holding: Summary Judgment of Invalidity GRANTED
COMMENTS:
This is a patent case dealing with a user-friendly fuel-dispensing pump system. The defendant moved for summary judgment of invalidity based on indefiniteness.  Judge Ward held that the patent failed to include sufficient structure for performing certain functions.   "It bears mention." the Court wrote "that Touchcom's positions on these issues have evolved over the course of this case.   The court has considered carefully all of Touchcom's arguments, including those presented for the first time at oral argument.   Standing alone, the fact that a litigant changes its position on corresponding structure is not fatal.   In this case, however, that fact reflects a considerable struggle to locate reasonable substitutes for code which should have been included in Schedule A, but is not.   This court cannot supply the missing source code through the means asserted by Touchcom.   The claims of the '282 patent are indefinite as a matter of law, and the court declares them invalid."