Adaptix, Inc. v. Apple, Inc.
Opinion
Lead Opinion
Grewal, J.
ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT
(Re: Docket No. 311, 312)
(Re: Docket No. 339, 336)
(Re: Docket No. 303, 305)
(Re: Docket No. 288, 289)
(Re: Docket No. 310, 312, 315)
A short while ago, Defendants Apple, Inc., Verizon Wireless, AT & T Mobility LLC and HTC Corporation filed motions for summary judgment of no direct infringement of the asserted method claims. 1 Citing the Federal Circuit’s decision in Ricoh Co., Ltd. v. Quanta Computer Inc., 2 Defendants argued that they could not have directly infringed because it is undisputed that they merely sold prepro-grammed accused handsets and did not perform any of the required steps. Adap-tix countered with the decision by the Federal Circuit in SiRF Technology, Inc. v. ITC, 3 in which the court found direct infringement based on the sale of accused devices preprogrammed to automatically perform certain steps at issue. As the undersigned struggled to reconcile these holdings following a spirited oral argument, into his lap fell a new Federal Circuit decision issued on December 4, 2014— *954 Ericsson, Inc. v. D-Link Systems, Inc. 4 — that reconciled these seemingly contradictory holdings for him. Under…