Withdrawing Claims Does Not Divest Court of Jurisdiction to Grant Summary Judgment of Noninfringement

The court granted defendant's motion for summary judgment of noninfringement as to plaintiff's on-line services patents where plaintiff dropped the asserted claims of that patent. "[Plaintiff] earlier dropped the asserted claims of the [previously asserted patent] and now provides no theories of infringement related to [that patent]. Thus, [plaintiff] cannot meet its evidentiary burden. [Plaintiff] argues that the Court cannot grant summary judgment over unasserted claims because the Court does not have jurisdiction over claims that have been voluntarily withdrawn. The parties have failed to come to an agreement regarding a stipulation of dismissal of the [patent-in-suit's] claims, so the Court believes it still has jurisdiction over claims relating to this patent. As there is no evidence to support a finding of infringement of the [patent], the Court will grant summary judgment of non-infringement."

Personalized User Model LLP v. Google Inc., 1-09-cv-00525 (DED September 20, 2013, Order) (Stark, M.J.)