Partial summary judgment of claim preclusion is denied

SRI International, Inc. v. Symantec Corporation, Civ. No. 11-131-SLR, March 30, 2012.

Robinson, J.  Defendant’s motion for summary judgment to prevent plaintiff from relitigating infringement issues decided in a prior lawsuit is denied.  Defendant’s motion for leave to file a supplemental brief is granted.

The disputed technology involves managed security services, including network intrusion capabilities.  Defendant argued that because the jury was not asked to and did not return a verdict with respect to the presently accused service during a prior litigation and should not be permitted to do so now.  The court found that defendant did not meet its burden to demonstrate that the presently accused service is essentially the same as the product at issue in the prior litigation.  Defendant’s motion for leave to file a supplemental brief in support of its motion for partial summary judgment is granted.

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