Finding in-part of summary judgment of non-infringement is recommended
Quantum Loyalty Systems, Inc., et al. v. TPG Rewards, Inc., Civil Action No. 09-cv-022-SLR-MPT, May 24, 2011.
Thynge, M.J. Defendant’s motion to dismiss was converted into a motion for summary judgment and a finding in-part of non-infringement was recommended.
This patent infringement litigation involves a patent directed to a system for marketing leisure activity services through prepaid tickets. Following limited product identification discovery as to the accused products, the defendant moved for dismissal for failure to state a claim upon which relief may be granted. The motion was converted to one for summary judgment because the parties relied on matters outside the pleadings. The court then issued a report and recommendation granting the motion in-part and denying it in-part. The court recommended a finding that one of the accused products does not infringe and a denial of the motion as to the other accused product because a genuine issue of material fact existed as to that products functionality.
