E-Pass Technologies, Inc. v. 3 COM CORP.

ORDER

Defendant 3Com, Inc. (“3Com”) has moved for summary judgment for literal non-infringement of the ’311 patent, owned by plaintiff E-Pass Technologies, Inc. (“E-Pass”). The parties filed cross-motions for summary judgment on the issue of infringement under the doctrine of equivalents. Having considered the papers submitted, the record in this case, and the applicable law, the Court hereby DENIES plaintiffs motion and GRANTS defendant’s motion.

I. BACKGROUND

A. Factual Background and Procedural History

This is a patent infringement case involving a single patent covering a system for simplifying the use of various cards, such as credit cards, check cards, and identity cards. U.S. Patent No. 5,276,311 (the “ ’311 patent”), entitled “Method and Device for Simplifying the Use of a Plurality of Credit Cards, or the Like,” describes a method and device for storing information from various individual cards in a single electronic multi-function card (the “EMFC”), allowing the user the convenience of having to carry only the single multi-function card on her person. All data stored is protected by a security code and can only be recalled by the user with the previously identified…