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United States District Court, E.

There are 5 issues before the Court. The first issue is whether a comparison between the patents-in-suit and the V. The second issue is whether an error in claim 3 of the ' patent constitutes a typographical error that may be corrected by the Court, and if not, whether the patent is fatally flawed for mixing apparatus and Gateway 420 Conexant Modem claims. The fourth issue is whether the set-top boxes used by DIRECTV or the raw modems contained within those set-top boxes constitute the accused devices at issue, and if the set-top boxes are in fact the accused devices, whether the existence of middleware in the set-top boxes precludes a finding of infringement in light of the manner in which the middleware limits the function of the set-top box.


The Court makes the following findings. First, the Court finds that Canon is not entitled to summary judgment based on the comparison between the patents-in-suit and the V.


Second, the Court holds that the error in claim 3 amounts to more than a mere typographical error, thus precluding editing by the Gateway 420 Conexant Modem, therefore requiring the invalidation of the ' patent for improperly mixing method and apparatus claims. Third, the Court finds that Canon and DIRECTV are entitled to summary judgment with respect to the accused devices that contain Conexant modems because following the distribution of Old Rockwell, the license was obtained by New Rockwell pursuant to the Plan of Distribution as an asset of the Semiconductor Systems Business, and Conexant was properly sublicensed under the agreement. These patents relate to dial modems.

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The ' patent, titled: See ' patent, col. In the First Amended Complaint, Rembrandt alleges that: All fax-only modems that use the V.

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Any dial modem, other than a fax-only modem, that incorporates the V. This opinion addresses claims related to only two of the defendants involved in this litigation.

According to the First Amended Complaint the Canon Defendants hereinafter referred to collectively as "Canon" are "one of the world's leading manufacturers of plain paper copying machines and digital multifunction devices. Rembrandt has alleged that all unlicensed Canon products that Gateway 420 Conexant Modem a dial modem and operate at certain specifications unlawfully infringe the patents asserted in the Complaint.

The instant litigation commenced on September 26,with the filing of the Complaint alleging patent infringement by ten defendants who allegedly used infringing modems in a variety of products and services employing modems. On December 23,Rembrandt filed its First Amended Complaint alleging four counts of patent infringement.

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Defendant Hewlett-Packard filed its motion for summary judgment in advance of the June 9, hearing. The motion was denied on April 10, On June 9,the Court held a hearing addressing Markman and Daubert issues, as well as the post-discovery motions for summary judgment. Standard of Review Under Gateway 420 Conexant Modem Rule of Civil Procedure 56, the Court must grant summary judgment if the moving party demonstrates that there is no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. In reviewing a motion for summary judgment, the Court views the facts in a light most favorable to the non-moving party.


Once a motion for summary judgment is properly made and supported, the opposing party has the burden of showing that a genuine dispute exists. A "material fact" is a fact that might affect the outcome of a party's case. Whether a fact is considered to be "material" is determined by the substantive law, and "[o]nly disputes Gateway 420 Conexant Modem facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.

Rule 56 e requires the nonmoving party to go beyond the pleadings and by its own affidavits, or by the depositions, answers Gateway 420 Conexant Modem interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial. Comparison of accused devices to V. There is no requirement that direct evidence be introduced, nor is a jury's preference for circumstantial evidence over direct evidence unreasonable per se.

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See also, Linear Tech. Int'l Trade Comm'n, F. Here, Canon has argued that is it entitled to summary judgment because the evidence that Rembrandt has produced to support a finding of infringement is insufficient to succeed at trial.

Canon contests the sufficiency of Rembrandt's comparison Gateway 420 Conexant Modem the accused devices to the V. Specifically, Canon challenges the sufficiency of Rembrandt's claim chart, expert infringement analysis, and test result summary for this exact reason, and ask the Court to grant summary judgment in Canon's favor based on a finding that this evidence in insufficient to carry Rembrandt's burden at trial. As previously stated however, Rembrandt may prove infringement through direct or circumstantial evidence. Acer Foxconn Conexant Modem Driver · Acer Foxconn Soft Data Fax Modem with SmartCP · Acer Foxconn Soft Data Fax Modem with SmartCP Vista. Gateway MX Conexant Modem Driver Lenovo Gateway 420 Conexant Modem T Conexant Modem Driver for Windows 7.

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