EON Corp IP Holdings LLC v. Cisco Systems Inc.
Opinion
Lead Opinion
Tigar, J.
Re: ECF No. 924.
ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT
I. INTRODUCTION
In this patent infringement action involving ‘Wireless Modem” Patent No. 5,592,491 (“the '491 Patent”), Defendants Cisco Systems, Inc. (“Cisco”), Sprint Spectrum L.P. (“Sprint”), HTC America, Inc. (“HTC”), United States Cellular Corporation (“U.S.Cellular”), Motorola Mobility LLC, and Motorola Solutions, Inc. (collectively, “Motorola”) (collectively, “Defendants”) have moved for nummary judgment of noninfringement. The matter came for hearing on March 13, 2014.
The '491 Patentee invented a system, and a set of methods, through which subscriber units respond to the unavailability of a cellular connection by transferring instead to a connection through a modem. But the accused networks do not do that. In the accused networks, cellular phones transfer to a modem-based Wi-Fi connection whenever there is a Wi-Fi connection, regardless of whether there is or is not an available cellular connection. Accordingly, and for other reasons set forth more fully herein, Defendants are entitled to summary judgment of noninfringement of all asserted claims.