Southern California Gas Co. v. Syntellect, Inc.

MEMORANDUM

Syntellect, Inc. (Syntellect) appeals the district court’s grant of summary judgment in favor of Southern California Gas Company (SoCal) apportioning damages arising from third-party allegations of patent infringement (Katz claims) related to automated call-processing services provided by Syntellect (System). Syntellect argues that the district court misinterpreted this court’s decision on remand.

Our decision in the prior appeal affirmed the district court’s determination of liability and remanded for the district court to consider the issue of damages allocation “in the first instance.” S. Cal. Gas Co. v. Syntellect, Inc., 584 Fed.Appx. 637 , 638 (9th Cir.2013). We held that Syntellect is hable for damages “stemming from utilization of the ‘System’” and remanded for the district court to consider the interplay between the nature of Katz claims and the scope of the indemnity agreement, whether the indemnity agreement limited Syn-telleet’s liability to its own actions only, and whether the settlement included more than the indemnity obligation contemplated. See id. at 638-39 .

On remand, the district court complied with our mandate. The court appropriately considered…