LEONARD P. STARK, District Judge.
Pending before the Court is Plaintiff International Business Machines Corporation's ("IBM") motion for reconsideration of the Court's September 18, 2017 Order (D.I. 524) ("Order"), in which the Court granted summary judgment of non-infringement of the Filepp patents
1. Pursuant to Local Rule 7.1.5, a motion for reconsideration should be granted only "sparingly." The decision to grant such a motion lies squarely within the discretion of the district court. See Dentsply Int'l, Inc. v. Kerr Mfg. Co., 42 F.Supp.2d 385, 419 (D. Del. 1999); Brambles USA, Inc. v. Blocker, 735 F.Supp. 1239, 1241 (D. Del. 1990). These types of motions are granted only if the Court has patently misunderstood a party, made a decision outside the adversarial issues presented by the parties, or made an error not of reasoning but of apprehension. See Schering Corp. v. Amgen, Jnc., 25 F.Supp.2d 293, 295 (D. Del. 1998); Brambles, 735 F. Supp. at 1241. A motion for reconsideration may be granted only if the movant can show at least one of the following: (i) there has been an intervening change in controlling law; (ii) the availability of new evidence not available when the court made its decision; or (iii) there is a need to correct a clear error of law or fact to prevent manifest injustice. See Max's Seafood Cafe by Lou-Ann, Inc. v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999). However, in no instance should reconsideration be granted if it would not result in amendment of an order. See Schering Corp., 25 F. Supp. 2d at 295.
2. IBM seeks reconsideration of the portion of the Court's Order granting non-infringement of the '849 patent by Defendants' mobile applications. (D.I. 526 at 1) According to IBM, the Court made a clear error of fact in finding that Defendants do not direct or control performance of the "storing" steps of the '849 patent's claims based on what the Court understood to be an undisputed fact that users could disable caching for Defendants' mobile applications. (Id.) IBM contends that while users are capable of disabling caching on Defendants' mobile and desktop
3. The Court disagrees. As stated in the Memorandum Opinion accompanying the Order, the "storing" steps of the '849 patent are claimed method steps that, to be infringed, must either be (i) actually performed by, or (ii) directed and controlled by Defendants. (D.I. 523 at 20) With respect to Defendants' mobile applications, the parties agree that any caching that is performed is performed by the mobile operating system, not by Defendants' applications. Accordingly, to find infringement, IBM must prove that Defendants direct or control the mobile operating system's caching. IBM has failed to adduce such evidence from which a reasonable factfinder could so find.
4. While the Court agrees with IBM that it is unclear from the record whether caching in Defendants' mobile applications — as opposed to caching in Defendants' websites or. mobile browsers—can be disabled by the user, agreeing with IBM on this point does not compel the Court to grant IBM's motion. Regardless of whether caching can be disabled, the record, taken in the light most favorable to IBM, demonstrates that (1) caching need not be enabled in order for a user to use Defendants' mobile applications, (2) Defendants do not require or ensure that caching is enabled for users of the mobile applications, (3) Defendants do not penalize users for using the mobile application without caching, and (4) when enabled, caching is performed by the mobile operating system, a system not controlled by Defendants.
5. In sum, IBM has failed to show that reconsideration is warranted.