Summary judgment of infringement was granted in part
Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., D. Del. No. 02-272-MPT and 02-477-MPT (consolidated), Feb. 1, 2007.
Thynge, J. Motion for summary judgment of infringement of certain claims was denied as moot and of inducement of infringement were denied as moot. Motion for summary judgment of infringement regarding use under 35 U.S.C. § 271(a) was granted in part.
Thynge, J. Motion for summary judgment of infringement of certain claims was denied as moot and of inducement of infringement were denied as moot. Motion for summary judgment of infringement regarding use under 35 U.S.C. § 271(a) was granted in part.
Plaintiff had advised the court that the earlier Markman ruling removed the need to decide infringement of certain claims. The court therefore found the motion mooted as to those claims. Plaintiff also alleged defendant put into service an infringing product within the meaning of 35 U.S.C. § 271(a). The Court found that defendant exercised control over the infringing product by its advertising, providing hardware, and offering troubleshooting support. Motion for summary judgment of infringement was granted to the extent accused services infringe and defendant cannot avoid liability on the basis that they do not use the patented inventions.
A copy of the full opinion is available here.
