Fortinet, Inc. v. Palo Alto Networks, Inc.

ORDER CONSTRUING CLAIMS OF THE '272 PATENT AND GRANTING FORTINET’S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF THE '272 PATENT

Palo Alto Networks, Inc. (“PAN”) alleges that Fortinet, Inc. (“Fortinet”)’s products infringe claims 1, 4, 6, 14, 26, 43, 49, 50, 64, 68, and 78 of United States Patent No. 6,912,272 (“'272 Patent”). The parties seek construction of claim language in the '272 Patent, and Fortinet moves for summary judgment that the accused products do not infringe the asserted claims of the '272 Patent. The court held a tutorial and claim construction hearing on July 20, 2010. After consideration of the claims, specification, prosecution history, and other relevant evidence, and after hearing the argument of the parties, the court construes the disputed claim language in the '272 Patent as set forth below. In addition, for the reasons set forth below, the court grants Fortinet’s motion for summary judgment of non-infringement.

I. BACKGROUND

The '272 Patent teaches a method and system for routing communications. Generally, the claimed invention involves: (1) receiving a communication having content for an unknown destination, (2) assigning values from…