Extrapolation of Software Functionality from Operating Code Insufficient to Avoid Finding of Infringement

The court granted defendants' motion for summary judgment of noninfringement as to plaintiff's network system patents. "[Defendant] rests its argument on the fact that [plaintiff's] expert did not consider the code for the actual accused products . . . and as a result had to extrapolate as to how the [accused] products work from generalities present in the operating code that both products use. That 'high level' assumption . . . cannot carry [plaintiff's] burden in opposing summary judgment. . . . [T]he Court agrees and rejects [plaintiff's] attempt to shift its own burden – to show a material question of fact supporting infringement in this technically complex case with highly specific claim limitations – onto [defendant]."

Implicit Networks, Inc. v. F5 Networks, Inc., 3-10-cv-03365 (CAND March 13, 2013, Order) (Illston, J.).