Cassidian v. MicroDATA GIS, et al., 2:12cv162 (12/10/13)
Judge: Rodney Gilstrap
Holding: Defendants’ Motion for Summary Judgment of Noninfringement GRANTED IN PART
This patent case picked its jury in judge Gilstrap’s court in Marshall on Monday of this week – evidence will begin this coming Monday the 16th. Incidentally, this case was filed on March 26, 2012, the answer was filed on June 8, and it had its status conference on August 29, 2012, meaning that this case reached trial exactly 18 months after the answer was filed and approximately 15 months after the status conference. For those of you that are interested in that sort of thing.
Yesterday, Judge Gilstrap resolved the defendants’ summary judgment motion on noninfringement, granting it as to one of the asserted claims. Defendants’ motion presented five separate grounds upon which it asserted summary judgment of noninfringement should be granted. Judge Gilstrap denied the first two grounds, finding that they presented questions of fact for the jury, since after drawing all reasonable inferences in favor of the nonmoving party, as the case law requires, a genuine dispute of material fact continued to exist.
As to the third ground, after finding that the plaintiff’s argument “defies logic to at least some degree”, Judge Gilstrap concluded that it actually contradicted both the intrinsic evidence, and was the plaintiff’s own infringement expert’s opinion. “Even with all reasonable inferences drawn in favor of the nonmoving plaintiff,” Judge Gilstrap concluded, “the court finds that no reasonable jury could conclude that the accused systems directly perform the ‘presenting’ step of claim three.” Accordingly the court granted summary judgment of noninfringement with respect to the plaintiffs claim for direct infringement of claim three. Judge Gilstrap did, however deny the motion for summary judgment as to the plaintiffs claim that the defendant induced infringement of claim three.
Finally, the Court found that there was a genuine dispute of material fact as to the final asserted ground, and denied the motion as well.