OPENWAVE SYSTEMS INC. v. APPLE INC., 11-765-RGA. (2014)
Court: District Court, D. Delaware
Number: infdco20141009a08
Visitors: 10
Filed: Oct. 02, 2014
Latest Update: Oct. 02, 2014
Summary: MEMORANDUM RICHARD G. ANDREWS, District Judge. I have before me the "Stipulation and Order Regarding Judgment of Noninfringement for all Accused Products under the Court's Claim Construction Order." (D.I. 101). I originally was told that if I construed the disputed claim terms a certain way, Plaintiff would stipulate to a judgment of non-infringement so that it could appeal the claim construction. Thereafter, I construed the disputed claim terms that way. Plaintiff would not stipulate to non-
Summary: MEMORANDUM RICHARD G. ANDREWS, District Judge. I have before me the "Stipulation and Order Regarding Judgment of Noninfringement for all Accused Products under the Court's Claim Construction Order." (D.I. 101). I originally was told that if I construed the disputed claim terms a certain way, Plaintiff would stipulate to a judgment of non-infringement so that it could appeal the claim construction. Thereafter, I construed the disputed claim terms that way. Plaintiff would not stipulate to non-i..
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MEMORANDUM
RICHARD G. ANDREWS, District Judge.
I have before me the "Stipulation and Order Regarding Judgment of Noninfringement for all Accused Products under the Court's Claim Construction Order." (D.I. 101).
I originally was told that if I construed the disputed claim terms a certain way, Plaintiff would stipulate to a judgment of non-infringement so that it could appeal the claim construction. Thereafter, I construed the disputed claim terms that way. Plaintiff would not stipulate to non-infringement, and I was presented with summary judgment briefing. I explained why I could not grant summary judgment on the record before me. (D.I. 100). While I continued to think the claim construction was right, I was not sure how it would apply to the facts presented in the summary judgment briefing.
I now have the judgment of non-infringement that I expected to get earlier. I am going to sign it, but I do so being somewhat uncertain as to whether the Federal Circuit will think that the record is sufficient to decide the issue of claim construction. I think the parties probably have similar thoughts. (See D.I. 101 ¶ 8). I do note that the parties agree that a Federal Circuit decision at this stage would be the most efficient way to proceed. (Id.). I think they are right on that point. Further, I think, in this case, it is appropriate for me to defer to their judgment as to the best way to proceed.
Source: Leagle
