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Lucent Technologies, Inc. v. Gateway, Inc.

The Federal Circuit affirmed in part, vacated in part, and remanded a decision of the U.S. District Court for the Southern District of California granting summary judgment of noninfringement of two technology patents owned by the plaintiffs-appellants. The court held that the district court erred in its construction of "terminal device" in the first patent and reversed the district court's grant of summary judgment of noninfringement. However, the court affirmed the district court's construction of "each successive iteration including the steps of" in the second patent and its grant of summary judgment of noninfringement with respect to the second patent.

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Before LOURIE, LINN, and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge PROST. Opinion dissenting-in-part filed by Circuit Judge LOURIE.

This is a patent case pertaining to alleged infringement by Microsoft Corp. (“Microsoft”) and Dell Inc. (“Dell”) of two patents, U.S. Patent No. 5,649,131 (“the ’131 patent”) and U.S. Patent No. 4,701,954 (“the ’954 patent), owned by Lucent Technologies Inc. (“Lucent”). The United States District Court for the Southern District of California granted summary judgment of non-infringement of the ’131 patent, Lucent Techs., Inc. v. Gateway, Inc., Nos. 02-C-V-2060, 03-CV-0699, 03-CV-1108, 2007 WL 925359 (S.D. Cal. Mar. 8, 2007), and the ’954 patent, Lucent Techs., Inc. v. Gateway, Inc., Nos. 02-CV-2060, 03-CV-0699, 03-CV-1108, 2007 WL 925354 (S.D. Cal. Mar. 6, 2007). Lucent appeals the district court’s construction of the term “terminal device” in the ’131 patent and construction of the phrase “each successive iteration including the steps of” in the ’954 patent, and its finding of non-infringement based thereon.*fn1

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