Court lacks jurisdiction on one patent due to covenant not to sue; claim construction issues for remaining patents
Belden Technologies Inc., et al. v. Superior Essex Communications LP, et al., Civ. No.08-63-SLR, August 24, 2010.
Robinson, J. The Court issues a Markman decision on 14 terms for 6 of the 7 patents in suit.
The Court issues claims construction of 14 terms for six of the seven patents-in-suit. The Court finds it has no jurisdiction over the seventh patent based on a covenant not to sue between the parties as to this patent. Defendants’ claim that a case or controversy exists as to the seventh patent solely by virtue of the covenant not extending to future products is too speculative a basis for jurisdiction.
