Motions for summary judgment of non-infringement granted in part and denied in part
Robinson, J. Symantec’s motions for non-infringement are granted in part and denied in part; Internet Securities Systems’ motion is denied.
The patents-in-suit relate to the monitoring and surveillance of computer networks for intrusion detection. Defendants contend that their accused products do not meet the “network monitor” limitation. Under the court’s claim construction they do. A material issue of fact remains regarding whether the accused products meet the limitation “automatically receiving and integrating reports of suspicious activity,” and“statistical detection method.” There is no evidence that two “separate data structures” are generated. The accused products do not meet the “statistical profile” limitation either literally or through the doctrine of equivalents. Summary judgment of non-infringement is granted in that regard. A fact issue remains as to whether the accused product meets the “receiving/receive network packets handled by a network entity” limitation. The motion is denied as to a “determining/determine” step after court did not accept defendants’ claim construction.
A copy of the full opinion is available here.
