Chief Magistrate Judge Mary Pat Thynge recently issued a Report and Recommendation regarding defendant Amazon.com, Inc.’s motion for summary judgment of non-infringement. Hand Held Products, Inc. v. Amazon.com, Inc., et al., C.A. No. 12-768-RGA-MPT (D. Del. Jan. 21, 2016). The accused products at issue are Amazon mobile apps used by consumers to find and purchase Amazon products from their smartphones. Id. at 5. “One way the Amazon Apps can be used to find a product on Amazon is by scanning the barcode of the product.” Id. This barcode scanning ability is the feature accused of infringing the patent-in-suit. Id. Based on the Court’s claim construction, Amazon argued that “it is undisputed that a user of the Accused Apps cannot take the requisite snapshot by pressing a shutter button, setting a timer, or in any other manner.” Id. at 8 (emphasis in original). The Court agreed. “[T]he Accused Apps provide no mechanism by which a user selects an instant in time to capture a barcode image and, therefore, the Accused Apps do not infringe the asserted claims of the [patent-in-suit].” Id. (emphasis in original).
UPDATE: On March 31, 2016, Judge Andrews overruled the plaintiff’s objections to Chief Magistrate Judge Thynge’s report and recommendation, adopted it without modification, and granted summary judgment of non-infringement. Hand Held Products, Inc. v. Amazon.com, Inc., et al., C.A. No. 12-768-RGA-MPT (D. Del. Mar. 31, 2016)