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ALJ Lord Grants Motion for Summary Determination of Non-Infringement in Certain Mobile Handset Devices and Related Touch Keyboard Software (337-TA-864)




by:
Eric W. Schweibenz
Thomas C. Yebernetsky
Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office

 
December 10, 2013

Previously published on December 4, 2013

On December 3, 2013, ALJ Dee Lord issued the public version of Order No. 21 (dated September 24, 2013) in Certain Mobile Handset Devices and Related Touch Keyboard Software (Inv. No. 337-TA-864).

According to the Order, Respondent Shanghai HanXiang (CooTek) Information Technology Co., Ltd. (“CooTek”) filed a motion for summary determination that CooTek’s Series 5.5 and 5.6 products do not infringe the asserted claims of U.S. Patent Nos. 7,750,891 (the ‘891 patent), 7,098,896 (the ‘896 patent), and 7,453,439 (the ‘439 patent). CooTek averred that Complainants Nuance Communications, Inc., Swype, Inc., and Tegic Communications, Inc.’s (“Nuance”) expert on the ‘891, ‘896, and ‘439 patents did not analyze the Series 5.5 and 5.6 products. CooTek asserted that its technical expert opined that the Series 5.5 and 5.6 products do not infringe the ‘891, ‘896, and ‘439 patents. Accordingly, CooTek argued that summary determination is appropriate because CooTek’s expert opinion that the Series 5.5 and 5.6 products do not infringe the ‘891, ‘896, and ‘439 patents is unrebutted. In opposition, Nuance argued that if summary determination is granted, it should be limited to the specific versions of the Series 5.5 and 5.6 products at issue in the investigation. The Commission Investigative Staff supported CooTek’s Motion for Summary Determination.

ALJ Lord determined that Nuance failed to raise a genuine issue of material fact as to the Series 5.5 and 5.6 products’ infringement of the ‘891, ‘896, and ‘439 patents. ALJ Lord held that CooTek’s expert opinion finding that the Series 5.5 and 5.6 products do not infringe the ‘891, ‘896, and ‘439 patents is unrebutted by Nuance. Specifically, ALJ Lord noted that Nuance’s expert stated, “I have not offered any opinions as to whether any of the versions above 5.5 infringe.” Accordingly, ALJ Lord granted CooTek’s Motion for Summary Determination that the Series 5.5 and 5.6 products do not infringe the ‘891, ‘896, and ‘439 patents.



 

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