The opinion of the court was delivered by: Dean D. Pregerson United States District Judge
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT OF U.S. PATENT NOS. 6,996,073 AND 7,580,376 [Docket No. 566]
Presently before the court is Plaintiff Nomadix, Inc.'s Motion for Summary Judgment of Noninfringement of U.S. Patent Nos. 6,996,073 and 7,580,376 ("Motion"). Having reviewed the parties' moving papers and heard oral argument, the court grants the Motion and adopts the following Order.
As Counterclaim-Defendant, Nomadix, Inc. ("Nomadix") seeks summary judgment that the operation of its accused gateways do not infringe U.S. Patent Nos. 6,996,073 ("'073 Patent") and 7,580,376 ("'376 Patent") (collectively, "Patents"), held by Counterclaim-Plaintiffs iBAHN Corporation and iBAHN General Holdings Corporation (collectively, "iBAHN"). Nomadix argues that it is entitled to summary judgment of noninfringement because its gateways do not "provid[e] content or conference services on a network, and restrict access to the content or conference services to selected users" ("providing" and "restricting" limitations, respectively). (Mot. at 1.) There is no dispute that these steps are required by all claims of the two Patents at issue.*fn1 iBAHN contends that the Motion should be denied, however, because Nomadix's gateways do meet these providing and restricting limitations. At the least, iBAHN argues, Nomadix has failed to show that there is no genuine issue of material fact. (Opp'n at 2; Sur-Reply at 1.*fn2
Summary judgment is appropriate where "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(a). Material facts are those "that might affect the outcome of the suit under the governing law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A genuine issue of fact exists if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id. The evidence must be viewed in the light most favorable to the nonmoving party, with all justifiable inferences drawn in its favor. Id. at 255.
The moving party "always bears the initial responsibility of informing the district court of the basis for its motion," and identifying those portions of the pleadings, discovery, and affidavits that demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). However, "[o]n an issue for which the opposing party will have the burden of proof at trial, the moving party need only point out 'that there is an absence of evidence to support the nonmoving party's case.'" Regents of Univ. of Cal. v. Dako N. Am., Inc., No. C 05-03955, 2009 WL 1083446, at *5 (N.D. Cal. Apr. 22, 2009) (quoting Celotex, 477 U.S. at 325).
Once the moving party meets this initial burden, "the nonmoving party must go beyond the pleadings and, by its own affidavits or discovery, 'set forth specific facts showing that there is a genuine issue for trial.'" Regents, 2009 WL 1083446, at *5 (quoting Fed. R. Civ. P. 56(e)). It is not enough for the nonmoving party to rest on the "mere allegations or denials of his pleadings." Anderson, 477 U.S. at 259; see also id. at 252 ("The mere existence of a scintilla of evidence in support of the plaintiff's position will be insufficient.").
In this patent case, iBAHN "bears the burden of proving infringement by a preponderance of the evidence." Warner-Lambert Co. v. Teva Pharm. USA, Inc., 418 F.3d 1326, 1342 (Fed. Cir. 2005). "Direct infringement requires a party to perform or use each and every step or element of a claimed method or product." BMC Res., Inc. v. Paymentech, L.P., 498 F.3d 1373, 1378 (Fed. Cir. 2007). "An accused device cannot infringe, as a matter of law, if even a single limitation is not satisfied." Digital Biometrics v.
In its Motion, Nomadix has pointed to an absence of evidence in support of the providing and restricting limitations of iBAHN's asserted claims. Nomadix has therefore met its initial summary judgment burden. In response, iBAHN cites to the following materials: 1) Dr. Robert Printis' Declaration in Support of iBAHN's Opposition ("Printis Declaration"); 2) Dr. Printis' Supplemental Declaration in Support of iBAHN's Opposition ("Supplemental Printis Declaration"); 3) iBAHN's Second Amended Infringement Contentions ("Contentions"); and 4) a document titled "Nomadix, Inc. Network Service Engine (NSE) Architecture and Module" ("Nomadix Product Document").
The court finds, however, that none of these materials are sufficient to create a genuine issue of material fact as to the restricting limitation in iBAHN's claims. Nomadix is therefore entitled to ...