Federal Judiciary

Summary Judgment of Noninfringement Granted in Part

By Michael Smith

Renhcol Inc. v. Don Best Sports, 548 F.Supp.2d 356 (E.D.Tex. Apr 28, 2008) (NO. 2:06-CV-318)
Judge: Leonard Davis
Holding: Motion for Summary Judgment of Noninfringement GRANTED in part
The patentee brought this action against foreign website operators, alleging infringement of its patent disclosing an electronic marketplace for prediction information over a communications network. The defendant operators moved for summary judgment of noninfringement.
Judge Davis granted the Defendants' motion as to whether they make, sell, or offer for sale within the United States the invention claimed in claims 23, 24, and 25 and whether Defendants import into the United States the invention claimed in claims 23, 24, and 25. The Court further granted Defendants' motion as to whether Defendants use within the United States the invention claimed in claim 25 and whether Defendants infringe claim 25 under 35 U.S.C. § 271(b) and (c).
But Judge Davis denied the motion as to whether Defendants use within the United States the invention claimed in claims 23 and 24 and whether Defendants infringe claims 23 and 24 under 35 U.S.C. § 271(b) and (c).

Full post as published by Eastern District of Texas Federal Court Practice on September 22, 2008 (boomark / email).