United States Federal Circuit

In patent infringement action against 120 defendants involving claim that defendants' websites provide applets in response to user requests in a manner that infringed upon plaintiff's patent, summary judgment of non-infringement for most defendants is affirmed, where: 1) with regard to claim construction, the data manipulation service (or functionality) and the particularized data are both necessary components of the applet as it is initially generated and before it is transferred to the client; 2) because the accused websites do not contain every claim limitation, they do not literally infringe; 3) the district court did not err in denying plaintiff's Rule 59(e) motion to amend its infringement contentions because the district court's claim construction was not an intervening change in the law; and 4) plaintiff has no good explanation for its failure to bring its new infringement contentions earlier.

Appellate Information

• Decided 01/16/2013
• Published 01/16/2013

Judges

• BRYSON

Court

• United States Federal Circuit

Counsel