No Direct Infringement Where Steps of Method Claim Are Performed Outside the United States

Defendants' motion for summary judgment of noninfringement of plaintiff's wireless device management patent was granted as to direct infringement. "Plaintiff must show that Defendants actually used the BES software within the United States in a way that directly infringes the patent-in-suit, i.e., in a way that practiced each step of the patented method within the United States. The Court finds that, based on the undisputed facts, Plaintiff cannot establish that Defendants performed either the 'establishing a mailbox' or 'placing a command for the wireless device in the mailbox at the server' within the United States. . . . [B]ecause the only alleged 'mailbox' resides outside the United States, Defendants do not practice the 'establishing a mailbox' or 'placing a command for the wireless device in the mailbox at the server' steps of Claim 1 within the United States."

Mformation Technologies, Inc. v. Research in Motion Limited, et. al., 5-08-cv-04990 (CAND December 19, 2011, Order) (Ware, J.)