GTE Wireless, Inc. v. Qualcomm, Inc.

ORDER DENYING GTE’S MOTION FOR SUMMARY JUDGMENT ON INFRINGEMENT; GRANTING QUALCOMM’S MOTION ON SUMMARY JUDGMENT OF NO INFRINGEMENT; DENYING ALL OTHER PENDING MOTIONS AS MOOT

The plaintiff, GTE, filed an action against Qualcomm, Inc., asserting the Qualcomm phones that incorporate the Preferred Roaming List software infringed the 4,916,728 patent (“728 patent”). Qualcomm counterclaimed seeking a declaratory judgment that its phones do not infringe the patent.

GTE now moves for summary judgment asking the Court to hold that (1) the Qual-comm phones literally infringe claims 2, 6, and 7 of the 728 patent; (2) that Qual-comm has actively induced infringement; (3) that Qualcomm has engaged in contributory infringement; (4) that the claims of the patent are not anticipated; (5) that the claims are not obvious; (6) that the claims are not indefinite; (7) that GTE has not engaged in inequitable conduct; (8) that Qualcomm will not succeed on its laches defense; (9) and that Qualcomm will not succeed on its equitable estoppel defense.

Qualcomm seeks summary judgment that (1) its phones do not literally infringe the 728 patent; (2) that its phones do not infringe the 728 patent under the…