Pixion, Inc. v. Placeware, Inc.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF THE ’313 PATENT AND PARTIALLY GRANTING AND PARTIALLY DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF’S TRADE SECRET CLAIM

On November 4, 2004, the Court heard oral argument on defendant’s motion for summary judgment of non-infringement of the ’313 patent and defendant’s motion for summary judgment on plaintiffs trade secrets claim. Having carefully considered the arguments of counsel and the papers submitted, the Court hereby orders as set below.

BACKGROUND

On June 23, 2003, plaintiff Pixion, Inc. sued defendant PlaceWare, Inc. for misappropriation of Pixion’s trade secrets, infringement of Pixion’s patent rights in the ’313 patent, and infringement of Pix-ion’s trademark. Defendant counterclaimed for a declaratory judgment that the ’313 patent is not valid, not enforceable and/or not infringed by PlaceWare, and that Pixion is infringing PlaceWare’s U.S. Patent No. 5,951,694 (“the ’694 patent”).

In April 1997, Pixion and PlaceWare entered into a Non-Disclosure Agreement, under which Pixion shared information about its web conferencing technology. In August 1997, the parties entered into…