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Judge Robinson: Cross-Motions for Summary Judgment DENIED

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In Oracle Corp. v. Parallel Networks, LLC, C.A. No. 06-414-SLR (D. Del. Apr. 29, 2011), Judge Robinson recently issued an amended memorandum order denying both parties’ motions for summary judgment. After finding that several genuine issues of material fact compelled the denial of Parallel’s motion for partial summary judgment of literal infringement, the court found that “Parallel has proffered sufficient circumstantial and direct evidence [of direct infringement by Oracle customers] to withstand summary judgment as to . . . the issue of induced infringement.” Id. at 28-29. This evidence included a presentation at an Oracle conference and a best practices document, both of which allegedly instructed Oracle customers “‘how to use the Accused Oracle Products in an infringing manner'” and “‘freely and openly strongly encourage[d] them to do so.'” Id. Judge Robinson further denied Oracle’s motion as to contributory infringement, rejecting Oracle’s argument that it had adequately demonstrated “that each of its accused products have significant noninfringing uses[.]” Id. In denying Oracle’s motion, Judge Robinson stated that “[a] reasonable jury could find that the accused products do not meet the definition of a staple article of commerce.” Id. at 29.


Oracle Corp. v. Parallel Networks, LLC, C.A. No. 06-414-SLR (D. Del. Apr. 29, 2011)

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