Aristocrat Technologies v. International Game Technology

ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT BECAUSE THE “INDICATING” STEP IS NOT PERFORMED

[Re Docket No. 526, 588, 598]

Defendant International Game Technology (“IGT”) moves for summary judgment of non-infringement because, under this court’s claim construction, the accused devices do not perform one step of the accused method. Plaintiff Aristocrat Technologies, et al. (collectively “Aristocrat”) contends that there are triable disputes of fact as to infringement, both literally and under the doctrine of equivalents. For the reasons stated below, the court denies IGT’s motion for summary judgment of non-infringement.

I. BACKGROUND

Aristocrat, the patentee, and IGT are competitors in the market for electronic gambling machines. The relevant factual background and the court’s claim construction are set forth in this court’s May 14, 2009 order construing the claims of United States Patent Nos. 7,056,215 (“'215 Pat ent”) and 7,108,603 (“ '603 Patent”). Claim Construction Order, Case No. 06-CV-03717, Docket No. 498 (“Claim Construction Order”). Generally speaking the patents describe an innovation in electronic gaming machines in which the use of a…