CNET Networks, Inc. v. Etilize, Inc.
Opinion
Opinion
Patel, J.
MEMORANDUM & ORDER
Plaintiff CNET Networks, Inc. (“CNET”) filed this action against defendant Etilize, Inc. (“Etilize”), alleging infringement of United States Patent No. 6,714,933 (“the '933 patent”) and its continuation-in-part, United States Patent No. 7,082,426 (“the '426 patent”) (together, “the patents-in-suit”). These patents generally relate to methods and processes of compiling information about consumer products into catalogued databases for online merchants. The court recently ruled on Etilize’s motion for summary judgment on non-infringement, granting the motion as to the '426 patent and denying the motion as to the '933 patent. Now before the court is Etilize’s motion for summary judgment of invalidity of both patents under 35 U.S.C. § 102 (b) based on anticipation due to printed prior art. Etilize has also moved to amend its answer and counterclaims, to add an affirmative defense for inequitable conduct and new counterclaims for Walker Process fraud. CNET opposes both motions. Having considered the parties’ arguments and for the reasons stated below, the court enters the following memorandum and order.