QR SPEX, INC. v. Motorola, Inc.
Opinion
Opinion
Carney, J.
ORDER GRANTING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
Plaintiff QR Spex Inc. (“QR Spex”) alleges that Defendants Motorola Inc., Oakley Inc., Oakley Sales Corp., and Oakley Direct, Inc. (collectively “Oakley”) are infringing its United States Patent No. 6,769,767 (the “'767 Patent”). Specifically, QR Spex alleges that two pairs of Oakley Eyewear — the 0 ROKR and the 0 ROKR Pro (collectively “Oakley Eyewear”) infringe Claim 1 of the '767 Patent. Claim 1 of the '767 Patent, an independent claim, discloses an eyewear comprising of a frame and a Bluetooth transceiver that is “embedded” in that frame.
Oakley now moves for partial summary judgment contending that its eyewear do not infringe Claim 1 of the '767 Patent because the Bluetooth transceivers in the Oakley Eyewear are not embedded within the frame. The Court agrees. The Blue-tooth transceivers in the Oakley Eyewear are attached to the frames by clips, screws, posts, and ridges. The Bluetooth transceivers can be easily removed or replaced. They are not permanently set in the frame as Claim 1 of the '767 Patent requires. Consequently, the Oakley Ey-ewear do not literally infringe the '767 Patent.