Helios Software, LLC, et al. v. Spectorsoft Corporation, C.A. No. 12-081 – LPS, September 18, 2014,(unsealed September 25, 2014).
Stark, C. J. Plaintiffs’ motion to exclude opinions from Geoff A. Cohen is denied; Defendant’s motion to exclude damages opinions of Scott Weingust is granted. Defendant’s motion for partial summary judgment of non-infringement of two patents is granted and denied as to a third patent. Defendant’s motion for partial summary judgment of no willfulness is granted, and limitations on damages are granted in part and denied in part. Defendant’s invalidity motion is denied. Defendant’s motion regarding prosecution history estoppel, lack of patentable subject matter, and lack of written description, non-enablement and indefiniteness is granted in part and denied in part.
Plaintiffs seek to exclude Cohen’s opinions regarding testing first disclosed in the reply report. The court found the testing was done in response to the rebuttal report, and permitted limited additional discovery. The court excluded Weingust’s damages testimony for failure to satisfy the apportionment requirement or the entire market value rule in his analysis. Since no trial date has yet been set, the court permits a supplemental report and a short deposition of this expert. Prosecution history estoppel results in summary judgment of non-infringement for one patent. Summary judgment of non-infringement as to a second patent is denied due to factual issues in dispute. Summary judgment of non-infringement with respect to certain products was granted over objection that those claims had been dropped during discovery. Defendant had not agreed to dismissal and had filed a counterclaim. Plaintiffs provided no evidence of willfulness. Damages for induced and contributory infringement were limited as to time. Disputed facts preclude summary judgment of invalidity. The court finds that the patent drawn to remotely monitoring data associated with an Internet session and controlling network access is not drawn to an impermissible abstract idea. Defendant’s indefiniteness arguments are unsupported and untimely. Motion to amend the complaint is denied as moot.