Published on:

Judge Stark Grants Summary Judgment of Noninfringement of Withdrawn Claims

Judge Leonard Stark recently decided several summary judgment motions in the ongoing patent infringement dispute between patent-owner Personalized User Model, L.L.P. and Google. The patents-in-suit relate generally to methods for “providing a more personalized experience for internet users based on individual user interests.” Personalized User Model, L.L.P. v. Google Inc., C.A. No. 09-525-LPS, Memo. Op. at 1-2 (D. Del. Sept. 20, 2013). With only one exception, Judge Stark denied all motions for summary judgment including for findings of non-infringement, invalidity, breach of contract, declaration of ownership, and lack of standing. Considering Google’s motion for summary judgment of non-infringement, Judge Stark denied the motion with respect to two patents-in-suit, but granted it with respect to a third patent. That third patent, the ’031 patent, had been asserted earlier in the case, but the plaintiff dropped the asserted claims of the ’031 patent in response to the Court’s order to reduce the number of asserted claims to fifteen. The plaintiff argued that the Court could not grant summary judgment over unasserted claims “because the Court does not have jurisdiction over claims that have been voluntarily withdrawn.” Judge Stark noted, however, that the “parties have failed to come to an agreement regarding a stipulation of dismissal of the ’031 patent claims, so the Court believes it still has jurisdiction over claims relating to this patent. As there is no evidence to support a finding of infringement of the ’031 patent, the Court will grant summary judgment of non-infringement.” Id. at 8-9.

Personalized User Model, L.L.P. v. Google Inc., C.A. No. 09-525-LPS (D. Del. Sept. 20, 2013).

Contact Information