Summary judgment denied in dispute over web site design
Oracle Corporation and Oracle America, Inc. v. Parallel Networks, LLC., Civ. No. 06-414-SLR, April 29, 2011.
Robinson, J. Plaintiff’s motion for summary judgment of non-infringement is denied. Defendant’s motion for partial summary judgment of literal infringement is denied.
This is a declaratory judgment action where the disputed technology relates to a system for creating and managing custom web sites. In December, 2008, plaintiff’s motion for summary judgment of noninfringement on two patents was granted on the grounds that the accused products did not meet the “releasing” limitation of the claims. The court also found no anticipation. The Federal Circuit vacated the non-infringement rulings. This motion addresses noninfringement based on “intercepting” and “dispatching” limitations and indirect and literal infringement of one patent. Defendant’s DOE argument fails as untimely and also because it is merely a restatement of literal infringement arguments. The court finds that plaintiff’s non-infringement argument fails under the court’s claim construction and that issues of fact remain for the jury. Genuine issues of material fact precluding the grant of defendant’s motion for summary judgment of literal infringement. The court further leaves the issue of contributory infringement for the jury. Defendant has proffered sufficient proof to withstand summary judgment on induced infringement.
**On April 29, 2011, the Court amended this opinion to reflect that earlier the Court had denied plaintiff’s motion for summary judgment of obviousness.
