No Infringement for Execution of Accused Software Outside U.S. Prior to Importation

The magistrate judge recommended granting defendants' motion for summary judgment that execution of the accused firmware at defendant's manufacturing facilities outside of the U.S. did not infringe plaintiff's digital camera patent. "While [plaintiff] vigorously disputes whether infringement is limited to ‘use,’ and vehemently argues that [defendant] is liable for infringement for importing cameras into the United States that allegedly contain [plaintiff's] patented invention, it does not offer evidence to contest the limited issue on which [defendant] is moving for summary judgment - i.e., that the execution of the [accused] firmware at its manufacturing facilities outside of the United States cannot constitute infringement. The law on this issue supports [defendant's] position."

Image Processing Technologies, LLC v. Canon Inc. et al, 2-10-cv-03867 (NYED December 13, 2012, Order) (Boyle, M.J.).