Partial summary judgment of no infringement of portable computer patents
Intermac Technologies Corp. v. Palm Inc., Civ. No. 07-272-SLR, September 15, 2011.
Robinson, J. Palm’s motion for summary judgment of no invalidity and infringement is granted-in-part with respect to no invalidity, and otherwise denied. Intermec’s motion for summary judgment of non-infringement and invalidity is granted-in-part with respect to no infringement of certain claims, and otherwise denied.
Intermec filed this patent case on May 18, 2007. Palm asserted two of its patents directed to portable or handheld computing devices, U.S. Patent Nos. 6,665,803 and 7,096,049 (collectively, “the Palm patents”), in its third amended answer. On summary judgment, Intermec moved for a finding of invalidity and noninfringement of the Palm patents. Palm moved for a finding of no invalidity and infringement of those patents. The court corrected typographical errors in the patents and then construed the claims. Intermec failed to demonstrate that certain claims were invalid for lack of enablement or written description, as the claims were amenable to construction. Similarly, it failed to meet its burden of showing anticipation. Palm pointed to no evidence to establish infringement of certain claims, however.
