LUCENT TECHNOLOGIES, INC. v. Gateway, Inc.

ORDER DENYING DEFENDANT DELL’S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NO. 5,649,-131 [Group II] [Docket Nos. 2248 & 2249]

The Federal Circuit Court of Appeals vacated the Court’s order granting summary judgment adverse to Plaintiff Lucent Technologies, Inc., and remanded this patent case for further proceedings. Lucent Tech., Inc. v. Gateway, Inc., 525 F.3d 1200 (Fed.Cir.2008). The Court issued a Second Amended Claim Construction Order on U.S. Patent No. 5,649,131 (“the '131 patent”) as instructed to modify the definition of the claim term “terminal device.” Now Defendant Dell, Inc., joined by Intervening Defendant Microsoft Corporation, (hereinafter, collectively “Defendants”) move for summary judgment of non-infringement of all of the asserted claims. Defendants rely on the Federal Circuit’s construction of “terminal device” to argue that their web servers do not, as a matter of law, satisfy the new definition of “termi nal device.” Fed.R.Civ.P. 56. The motion was fully briefed and the Court heard oral arguments on October 14, 2008. The Court announced its tentative decision to deny the. motion at the hearing, and now issues this written decision to…