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September 25, 2010

Snoop & Tell

Computer Cache Coherency Corporation's ("CCCC") sued Intel and Via for infringing 5,072,369, which claims a cache that has a "SNOOP signal telling." The inevitable claim construction controversy was over whether the tell was a processor must-do, or a processor may-do. CCCC ignored the abstract and specification to argue the tell as a hint, not a command. The district court held the tell as a command. From that CCCC conceded non-infringement, but in denial (someone always is), appealed the claim construction. Affirmed (CAFC 2010-1040). Non-precedential, but the CAFC summary judgment dictum is worth retelling:

This court approves summary judgment when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56. This court reviews a grant of summary judgment of non-infringement without deference. O2 Micro Int'l, Ltd. v. Monolithic Power Sys., 467 F.3d 1355, 1359 (Fed. Cir. 2006).

Posted by Patent Hawk at September 25, 2010 10:52 PM | Litigation