Delaware Patent Litigation Report : Delaware Intellectual Property Lawyer & Attorney : Morris James Law Firm : Delaware Patent Litigation Report

The patents-in-suit are directed toward sending and receiving a data transmission over different wireless data networks and switching networks without interruption.  Expert testimony that the accused software is on a “computer readable medium” was unrebutted and summary judgment on the limitation was granted.  Defendant’s motion based on court’s construction of “dissimilar networks” was granted.  Defendant’s expert’s general assertion without source code reference regarding network interface is insufficient to raise genuine fact issue.  Plaintiff’s motion was denied because the court is not inclined to grant summary judgment without a limitation by limitation analysis.  Defendant’s motion for summary judgment under the doctrine of equivalents was granted where plaintiff’s expert did not perform a claim by claim of limitation by limitation analysis.