Impulse Technology Ltd. v. Microsoft Corporation, et al., C.A. No 11-586 – RGA, September 22, 2015.
Andrews, J. Magistrate’s Reports and Recommendations regarding denial of summary judgment of invalidity is adopted and granting summary judgment of noninfringement are adopted.
No objections were filed with respect to the recommended denial of summary judgment of invalidity and that recommendation is therefore adopted. With respect to infringement, the court rejects the argument that the magistrate used the incorrect claim construction and there are issues of fact precluding summary judgment. Finally, it rejects plaintiff’s argument that infringement under the doctrine of equivalents is still viable. The accused product operates in essentially the opposite way than described in the claims.