ITC Finding of Noninfringement Warrants Summary Judgment of Noninfringement in Parallel Lawsuit

In granting defendant's motion for summary judgment of noninfringement, the court rejected plaintiff's argument that "the Federal Circuit’s decision [upholding the ITC's findings of noninfringement] and factual findings are not binding and it can raise issues not previously presented to the ITC or Federal Circuit. I do not find [plaintiff's] arguments persuasive, particularly since the determinative issues presented to the ITC, the Federal Circuit, and this Court are essentially the same. In short, [plaintiff] is inviting this Court to revisit the same judicial landscape with its new counsel as its guide. . . . I find no 'powerful incentive' to deviate from the Federal Circuit’s prior decision. Here, the same parties argue whether two of the same [products] infringe the same claim in the same patent as they argued previously before both the ITC and the Federal Circuit."

Solomon Technologies, Inc. v. Toyota Motor Corporation et al., 8-05-cv-01702 (FLMD January 26, 2010, Order) (Pizzo, M.J.)