Memorandum Opinion Michael J. Flynn, Esq., Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Pierre R. Yanney, Esq. (argued), Stroock & Stroock & Lavan LLP, New York, NY; Stephen E. Underwood, Esq., Stroock & Stroock & Lavan LLP, New York, NY, Attorneys for the Plaintiff.
James M. Lennon, Esq., Yoimg, Conaway, Stargatt & Taylor LLP, Wilmington, DE; David E. Schmit, Esq. (argued). Frost Brown & Todd LLC, Cincinnati, Ohio, Attorneys for the Defendant.
ANDREWS, UNITED SPATES DISTRICT JUDGE
The Defendant filed a Motion for Summary Judgment of Non-Infringement of the "465 and the "861 Patents. (D.I. 396). The motion is fully briefed. (D.I. 397, 398, 399, 400, 401, 402, 422, 445, 446, 533, 534). The Court heard oral argument on November 15, 2013. (D.I. 492). For the reasons set forth herein, the Defendant's motion is DENIED in part and DISMISSED AS MOOT in part.
"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). The moving party has the initial burden of proving the absence of a genuinely disputed material fact relative to the claims in question. Celotex Corp. v. Catrett, 477 U.S. 317, 330 (1986). Material facts are those "that could affect the outcome" of the proceeding, and "a dispute about a material fact is "genuine' if the evidence is sufficient to permit a reasonable jury to return a verdict for the nonmoving party." Lamont v. New Jersey, 637 F.3d 177, 181 (3d Cir. 2011) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)). The burden on the moving party may be discharged by demonstrating that there is an absence of evidence supporting the non-moving party's case. Celotex, 477 U.S. at 325.
The burden then shifts to the non-movant to demonstrate the existence of a genuine issue for trial. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986); Williams v. Borough of West Chester, Pa., 891 F.2d 458, 460-61 (3d Cir. 1989). A non-moving party asserting that a fact is genuinely disputed must support such an assertion by: "(A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations ..., admissions, interrogatory answers, or other materials; or (B) showing that the materials cited [by the opposing party] do not establish the absence ... of a genuine dispute ...." Fed.R.Civ.P. 56(c)(1).
When determining whether a genuine issue of material fact exists, the court must view the evidence in the light most favorable to the non-moving party and draw all reasonable inferences in that party's favor. Scott v. Harris, 550 U.S. 372, 380 (2007); Wishkin v. Potter, 476 F.3d 180, 184 (3d Cir. 2007). A dispute is "genuine" only if the evidence is such that a reasonable jury could return a verdict for the non-moving party. Anderson, 477 U.S. at 247-49. If the non-moving party fails to make a sufficient showing on an essential element of its case with respect to which it has the burden of proof, the moving party is entitled to judgment as a matter of law. See Celotex Corp., 477 U.S. at 322.
During oral argument the Court ordered the parties to reargue various claim terms. The Court subsequently re-construed several terms and ordered the parties to submit letters to the Court concerning how the Court's revised claim constructions altered the original arguments made by the parties concerning this Motion for Summary Judgment. (D.I. 525).
The Defendant originally made the following two arguments:
None of the asserted claims of the "465 and the "861 patents is infringed because the accused installations did not contain an unmodified "elevator control" as that term has been construed by the Court.
Claim 1 of the "861 patent is not infringed because the elevator control was not "disconnected" from the car call transmitters in the ...