Intellectual Sci. & Tech., Inc. v. Sony Elec., Inc., No. 09-1142

In a patent infringement case involving an apparatus for reading optical discs in a computer that reduces the role of magnetic disc drives, summary judgment of non-infringement in favor of defendants is affirmed as plaintiff has not proffered enough evidence to permit a reasonable juror to conclude that the accused devices contain a "data transmitting means", and without clear identification of the claimed structure or its equivalent in the accused devices, plaintiff cannot survive summary judgment. 

Read Intellectual Sci. & Tech., Inc. v. Sony Elec., Inc., No. 09-1142

Appellate Information

Appeal from:  United States District Court for the Eastern District of Michigan

Decided December 15, 2009

Judges

Before Rader, Archer, and Gajarsa,  Circuit Judges

Opinion by Rader, Circuit Judge

Counsel

For Appellant:   Andrew Kochanowski, Sommers Schwartz, PC

For Appellee:    John R. Hutchins, Kenyon & Kenyon