M2M Solutions LLC v. Motorola Solutions, Inc., et al., C.A. No. 12-33-RGA, January 6, 2016.

Andrews, J. Defendants’ motion for summary judgment regarding damages is granted; their motions regarding invalidity and non-infringement are denied. Oral argument took place on October 15, 2015.

The disputed technology relates to a programmable wireless communications apparatus.  The court rejects defendants’ argument that the '010 patent does not properly claim capability; thus they are not entitled to summary judgment of non-infringement of apparatus claims on the ground that Plaintiff failed to prove that any third-party performed certain method steps. Furthermore, there are disputed facts as to whether the accused functionality exists in the products as sold as well as with technical arguments relating to non-infringement. Summary judgment is also not warranted with respect to indirect infringement claims.  As for invalidity, summary judgment based on written description argument is not warranted due to factual disputes. Defendants’ indefiniteness arguments likewise do not warrant summary judgment. With respect to damages, the court grants summary judgment that there is no willful infringement, no infringement by products made and shipped outside the U.S., and no infringement by defendants’ foreign parent corporation.