Judge Godbey Grants Summary Judgment In AT&T’s Favor In Suit Brought By Advanced Media Networks

On August 25, 2017, Judge Godbey issued an Order (available here) granting AT&T summary judgment in Advanced Media Networks v. AT&T Mobility. Judge Godbey began by noting that his Markman opinion had found that the claim phrase “ethernet packet switching protocol” did not encompass “internet protocol.” Accordingly, because AT&T’s accused devices do not use an ethernet packet switching protocol, summary judgment was appropriate in AT&T’s favor.

Additionally, the plaintiff had conceded that a construction of “ethernet packet switching protocol” that did not include internet protocol would render new claims that the plaintiff had added during reexamination invalid. As such, the Court found that those claims were invalid.

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