Tuesday, March 8, 2011

Failure to Establish Direct Infringement by Customers Sinks Indirect Infringement Claims

In granting defendant's motion for summary judgment of no indirect infringement, the court found that "even after extensive discovery - comprising over 7 million pages of documents, 40 depositions, and 55 subpoenas to [defendant's] customers - [plaintiff] has failed to present even a single instance of a customer using the [accused] products in an allegedly infringing manner. . . . [Plaintiff] has not cited a single document in which [defendant] instructs its customers to implement the exact scenarios that [plaintiff] contends infringe the [patents-in-suit], all of which require a specific combination and configuration of products, supported by particular hardware and other specified elements, before they are even capable of infringing."

TecSec, Incorporated v. International Business Machines, et. al., 1-10-cv-00115 (VAED March 3, 2011, Order) (Brinkema, J.)

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