Summary Judgment of Noninfringement Granted as to Method Claims Involving Steps Performed Only Outside the U.S.

Defendants' motion for summary judgment of noninfringement of plaintiff's wireless device management patent was granted in part as to method claims involving steps performed only by a server in Canada. "Plaintiff concedes that the Method Claims 'are not infringed to the extent that any step of any of these method claims occurs only outside the United States, e.g., at [defendants'] network operations center located outside the United States.' Plaintiff clarifies, however, that its infringement claims are not based on Defendants’ activities in Canada, but rather by Defendants’ alleged performance of 'each of the recited method steps within the United States.'. . . Accordingly, the Court grants Defendants’ . . . Motion and orders that [the asserted method claims] of the [patent-in-suit] are not infringed to the extent any step of these method claims occurs only at Defendants’ NOC located outside of the United States."

Mformation Technologies, Inc. v. Research in Motion Limited, et. al., 5-08-cv-04990 (CAND November 18, 2010, Order) (Ware, J.)