Situations Where an MSD was Denied at the ITC

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jb530

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Situations Where an MSD was Denied at the ITC

posted on May 03, 2013 03:32PM

Here's a situation where a respondent had their MSD struck down by Gildea. All cases are different, but the reasoning may be relevant.

ALJ Gildea Denied Cablevision's Motion for Summary Determination of Non-Infringement of U.S. Patent Nos. 6,367,078 and 7,561,214

Posted on January 7, 2011 by McDermott Will & Emery

ALJ Gildea denied a motion filed by respondent Cablevisioin Systems Corp. ("Cablevision") for summary determination that no accused product infringes U.S. Pat. Nos. 6,367,078 and 7,561,214 in In the Matter of Certain Digital Set-Top Boxes and Components Thereof, Inv. No. 337-TA-712. In his order Gildea found that summary determination is not appropriate. The parties dispute the correct interpretation of the claims and "without an agreed construction for the claim terms, [Movant] has not demonstrated that it is 'entitled to a summary determination as a matter of law.'"