Judge Robinson denied a motion for reconsideration of her November 18, 2010 opinion in Kenexa Brassring, Inc. v. Taleo Corporation because the motion was untimely and not effected by the change in law set forth in the Federal Circuit’s opinion in Centillion Data Sys., LLC v. Qwest Commc’ns Int’l, Inc. C.A. No. 07-521-SLR, Memo. Order (D. Del. May 26, 2011). The Court found that plaintiff’s motion was filed more than five months after her opinion in violation of Local Rule 7.1.5 which requires that motions for reargument be filed within 14 days “after the Court issues its opinion or decision.” Id. at 2 (internal citations omitted).
The Court further found that plaintiff’s motion failed on the merits. The Federal Circuit’s opinion in the Centillion case dealth with “use” for purposes of infringement and found that for “use” to constitute infringement, “a party must put the invention into service . . .” and “use each and every element . . . of a claimed [system].” Id. at 2-3 (internal citations omitted). Here, defendant did not “use” the “entire claimed system” and therefore Centillion does not change the Court’s analysis. Id. at 3.