Telemac Corp. v. US/Intelicom, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. FINDINGS OF FACT

A. BACKGROUND

(1) This is a patent infringement action in which Plaintiff Telemac Corporation (Telemac) asserts that Defendant US/Inte-licom, Inc. (USI) infringed claims 7, 10 and 11 of Telemac’s U.S. Patent No. 5,577,100 (’100 patent). In view of this Court’s April 27, 2001 “Order On Cross-Motions For Summary Judgment,” the only remaining issue concerns the “communication means” claim element. On May 29 and 30, 2001, this Court held a trial to resolve whether USI or its licensees have or have had “communication means for selectively establishing a communication link” within the meaning of independent claim 1 of Telemac’s TOO patent and, if so, what measure of damages Telemac is entitled to recover for infringement by USI of dependent claims 7, 10 and 11 of Telemac’s TOO patent. (May 11, 2001 “Stipulation And Order Concerning Trial”).

(2) The TOO patent discloses and claims technical improvements in the field of wireless telephone technology. Conventional cellular phones operate on a credit system similar to a credit card. The cellular phone carrier permits customers to use its airwaves and amass charges. At the end…