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In re Papst Licensing Gmbh & Co. Kg Litigation

United States District Court, District Circuit

October 23, 2013

IN RE PAPST LICENSING GmbH & CO. KG LITIGATION MDL No. 1880 This document relates to ALL CASES

OPINION RE: CAMERA MANUFACTURERS' MOTION FOR SUMMARY JUDGMENT ON "SECOND CONNECTING DEVICE"

ROSEMARY M. COLLYER, District Judge.

Papst Licensing GmbH & Co. KG, a German company, sues multiple manufacturers of digital cameras for alleged infringement of two patents owned by Papst: the U.S. Patent Number 6, 470, 399 (399 Patent) and U.S. Patent Number 6, 895, 449 (449 Patent). The Camera Manufacturers[1] have moved for summary judgment of noninfringement of the 399 and 449 Patents with regard to "second connecting device" claim limitation.[2] The motion will be denied without prejudice.

The Camera Manufacturers assert that many of the devices accused of infringement do not meet the "second connecting device" limitation of the 399 or 449 Patents.[3] See Mot. for Summ. J. Re Second Connecting Device [Dkt. 450]; Reply [Dkt. 502]. Papst opposes.[4] See Opp'n [Dkt. 478]. It is not necessary for the Court to address the arguments presented by the parties because, due to the combined effect of the Court's rulings on motions for summary judgment filed by First Wave Camera Manufacturers, all products accused of infringement that were manufactured by First Wave Camera Manufacturers have been held not to infringe. See Papst Reply in Support of its Mot. to Withdraw [Dkt. 543] at 3; Op. Re Samsung MSJ [Dkt. 520]; Order Re Samsung MSJ [Dkt. 521]; Op. Re CM MSJ Re Memory Cards [Dkt. 524]; Order Re CM MSJ Re Memory Cards [Dkt. 525]; Op. Re CM MSJ Re Data Transmit/Receive Device Claim Limitation [Dkt. 528]; Order Re CM MSJ Re Data Transmit/Receive Device Claim Limitation [Dkt. 529]; Op. Re CM MSJ Re Input/Output Device Customary In a Host Device [Dkt. 534]; Order Re CM MSJ Re Input/Output Device Customary In a Host Device [Dkt. 535]; Op. Re CM MSJ Re Table 15 Devices [Dkt. 536]; Order Re CM MSJ Re Table 15 Devices [Dkt. 537] Op. Re CM MSJ Re Simulating a Virtual File System [Dkt. 545]; Order Re CM MSJ Re Simulating a Virtual File System [546]; Op. Re HP MSJ [Dkt. 547]; Order Re HP MSJ [Dkt. 548].

Accordingly, the Camera Manufacturers' motion for summary judgment of noninfringement regarding the "second connecting device" claim limitation [Dkt. 450] will be denied without prejudice. Because the Court denies the motion at issue here without prejudice, the portion of Papst's motion for additional discovery [Dkt. 479] regarding the "second connecting device" claim limitation will be denied without prejudice.[5] Papst's motion for leave to file a surreply regarding "second connecting device" [Dkt. 517] will be denied.[6] A memorializing Order accompanies this Memorandum Opinion.


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