• ALJ Charneski Denies Motion For Summary Determination Of Noninfringement In Certain Personal Data And Mobile Communications Devices (Inv. No. 337-TA-710)
  • April 14, 2011 | Author: Alexander E. Gasser
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On April 7, 2011, ALJ Carl C. Charneski issued Order No. 105 in Certain Personal Data and Mobile Communications Devices and Related Software (Inv. No. 337-TA-710).  In the Order, ALJ Charneski denied a motion filed by Respondents HTC Corporation, HTC America, Inc., and Exedea, Inc. (collectively, “HTC”) for summary determination that Complainants Apple Inc. and NeXT Software, Inc.’s (collectively, “Apple”) failed to establish that the accused HTC products infringe claims 5, 6 and 21 of U.S. Patent No. 5,481,721.

    According to the Order, HTC asserted that “Apple has not identified any one object that performs the required claim limitations.”  In response, Apple, contended that HTC’s motion should be denied because it relied exclusively on a new theory that HTC never disclosed during discovery and it raised numerous issues of fact which precluded summary determination.  The Commission Investigative Staff agreed with Apple that HTC’s motion should be denied on the grounds that genuine issues of material fact exist.

    ALJ Charneski determined that “HTC has not carried its burden of proving that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law,” and on this basis denied HTC’s motion.