Federal Judiciary

Patent Case Ends With Post-Jury Selection Summary Judgment

By Michael C. Smith

Fenner v. Microsoft, et al., 6:07cv8
Judge: Leonard Davis
Some cases end with a bang - some with a whimper.  This one is probably closer to the latter.  This is a patent case brought by the plaintiff against defendants Nintendo and Microsoft.  The parties picked a jury in Judge Davis' court on March 2, and were set to begin evidence today, March 17.  Yesterday, March 16, Judge Davis conducted a motions hearing on Defendants? Motions for Summary Judgment and Motion for Clarification (dealing with the court's claims construction).  Late that same day, Judge Davis issued a brief order informing the parties that he had concluded that the material disputes between the parties concern the meaning and scope of the patent-in-suit, and as such, were issues of law. He further found that a correct construction of the claim terms supported the arguments raised in the Defendants? Motions for Summary Judgment of Non-infringement, and accordingly granted the motions, and dismissed the jury set to appear the following morning.  A full opinion and final judgment is to follow.

Full post as published by Eastern District of Texas Federal Court Practice on March 17, 2009 (boomark / email).