Implicit Networks, Inc. v. F5 Networks, Inc., 3-10-cv-03365 (CAND March 13, 2013, Order) (Illston, J.).
Friday, March 15, 2013
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]."