Technology Licensing Corp. v. Thomson, Inc.

MEMORANDUM AND ORDER RE: MOTIONS FOR SUMMARY JUDGMENT

Technology Licensing Corporation (“TLC”) owns U.S. Patent Nos. RE40,411 E (the “'411” patent) and RE40,412 E (the “'412” patent), which are July 1, 2008 reissues of U.S. Patent Nos. 5,745,250 (the “'250 patent”), and 5,486,869 (the “'869 patent”), respectively. The '411 and '412 patents relate to identifying and separating the sync signal component of a composite video signal in order to allow accurate reproduction of the transmitted image. TLC filed this action against Thomson for infringing the '411 and '412 patents by incorporating into its products Gennum and Elantec sync separator chips that practice the '411 and '412 patents. Thomson moves for summary judgment on TLC’s infringement claims that are based on Thomson’s incorporation of the Gennum GS4882 and GS4982 chips and the Elantec EL4583 and EL4581 chips because those claims are barred by the Kessler doctrine and res judicata. (Docket No. 270.) Thomson also moves for summary judgment on the issue of no damages before January 5, 2010 with respect to infringement claims arising from Thomson’s incorporation of the Elantec EL 4511 chip because of TLC’s failure to provide…