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Dynacore Holdings Corp. v. U.S. Philips Corp.

No fact issue to satisfy patent's ?equal peers in a single network configuration' claim limitation.

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Judge Swain

DYNACORE HOLDINGS CORPORATION v. U.S. PHILIPS CORP. — Plaintiffs Dynacore Holding Corporation and Dynacore Patent Litigation Trust (collectively “Dynacore” or “Plaintiffs”) have brought two separate actions, 01 Civ. 5912 and 01 Civ. 10798, alleging infringement of a patent for technology relating to networks that interconnect computers and related devices (each a “node”) in “local area networks” or “LANs.”1 The patent has been assigned United States Patent No. 5,077,732 (hereinafter the “ ‘732 Patent”). The claims of the ‘732 Patent are “directed generally to a method of communication between nodes within a network, wherein nodes have both enhanced and common [communication speed] capabilities.” (First Amended Complaint for Patent Infringement and Jury Demand, Dynacore Holdings Corp. v. U.S. Philips Corporation et al., dated July 5, 2001 (“Philips Complaint”) at _ 22; see also Amended Complaint for Patent Infringement and Jury Demand, Dynacore Holdings Corp. v. Sony Corporation of America, Inc. et al., dated January 22, 2003 (“Sony Complaint”), _ 19.) The Defendants in 01 Civ. 5012 and 01 Civ. 10798 include manufacturers of a variety of products, including semiconductors, printers and computers, which incorporate or utilize a certain digital interface known as the IEEE 1394 Standard for a High Performance Serial Bus (“IEEE 1394 Standard”). The IEEE 1394 Standard permits users to interconnect a variety of electronic devices. Plaintiffs allege generally that “[p]roducts incorporating the IEEE 1394 standard fall within the scope of the claimed subject matter of the ‘732 patent” and that “[t]he IEEE 1394 standard utilizes technology which falls within the scope of the claimed subject matter of the ‘732 patent.” (Philips Complaint at __ 3, 25; Sony Complaint at __ 3, 24.) The complaints do not specify the patent claims allegedly infringed by implementation of the IEEE 1394 Standard.

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