On February 6, 2013, Judge O’Connor issued an Order (available here) in Summit 6 v. Samsung. Judge O’Connor ruled that Samsung’s motion for summary judgment of non-infringement should be denied in part, as there was sufficient evidence to raise a genuine issue of material fact as to whether Samsung’s product literally infringed the patent-in-suit, and whether Samsung performs the asserted claims in combination.
Judge O’Connor, however, found that Samsung was entitled to summary judgment on Summit 6’s doctrine of equivalents case, as prosecution history estoppel applied to prevent that theory of infringement.
Summit 6 is represented by Theodore Stevenson, III, Ashley Moore, Douglas Cawley, James Quigley, John Campbell, Kathy Li, Kevin Burgess, Mitchell Sibley, Phillip Aurentz, and Richard Kamprath, all of McKool Smith, P.C.; and Bradley Caldwell, of Caldwell Cassady Curry, P.C.
Samsung is represented by Brian Erickson, Andrew Valentine, Chang Kim, Claudia Frost, Erik Fuehrer, James Nelson, Mark Fowler, and Todd Patterson, all of DLA Piper LLP.