Lucent Technologies Inc. v. Gateway, Inc.
Opinion
Opinion
Brewster, J.
ORDER ON LUCENT’S MOTION FOR SUMMARY ADJUDICATIONS REGARDING U.S. PATENT NO. 4,701,-954
I.INTRODUCTION
Lucent moves the Court for summary adjudication on a multitude of issues with respect to U.S. Patent No. 4,701,954 (“the '954 patent”). The issues were fully briefed by the parties and oral argument was heard on January 8, 2007. The Court now rules on these issues as explained herein.
II. BACKGROUND
Lucent sued Dell and Gateway in 2002. The case was originally filed in the Eastern District of Virginia and then transferred to the Southern District of California. Microsoft filed a declaratory judgment action against Lucent in 2003. The cases were eventually consolidated and then the issues separated into “groups” of technologies for trial. The instant Group 3 concerns the speech coding patent U.S. Patent No. 4,701,954 (“the '954 patent”). This patent describes and claims methods related to digital speech codecs which transform speech signals into electrical pulses. Lu-cent, the patentee, has accused Dell, Gateway and Microsoft of infringing this patent. Claims 1, 2 and 6, all methods claims, are at issue.
III. ANALYSIS
A. STANDARD OF LAW
Federal Rule of Civil Procedure 56(c)…