Summary: CAFC affirmed the district court’s grant of summary judgment of noninfringement with respect to one product and reversed with respect to another product.

Case: Centillion Data Sys., LLC V. Qwest Commc’ns. Int’l, Inc., No. 2013-1084 (Fed. Cir. Nov. 25, 2013) (non-precedential). On appeal from S.D. Ind. Before Rader, Lourie, and Moore.

Procedural Posture: Plaintiff patent owner appealed summary judgment of noninfringement and award of costs. CAFC affirmed-in-part and reversed-in-part the judgment of noninfringement, vacated the award of costs, and remanded.

  • Infringement: The district court was correct in finding that the ability to include “project account codes” in a customer’s phone bill did not meet an “as specified by the user” limitation in a disputed claim, thus, summary judgment of noninfringement was affirmed as to a first accused product. The district court also correctly held that a second product met the “as specified by the user” limitation due to a feature that allowed customers to request billing information for previous billing cycles. However, the district court erred in granting summary judgment that the second product, which produces a .TXT file as an output, does not organize the summary reports “into a format for . . . display on a personal computer,” as there is a genuine issue of material fact which prevents summary judgment on the issue. Accordingly, summary judgment of noninfringement for the second product was reversed, the award of costs was vacated, and the case was remanded.