Northeastern University et al v. Google, Inc.,

Filing 172

ORDER denying 102 Sealed Motion for summary judgment of noninfringement. Signed by Judge T. John Ward on 3/24/11. (ehs, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION NORTHEASTERN UNIVERSITY and JARG CORPORATION v. GOOGLE, INC. § § § § CASE NO. 2:07-CV-486-CE § §

ORDER Pending before the Court is Defendant Google Inc.'s ("Google") Motion for Summary Judgment of NonInfringement (Dkt. No. 102). The Court has carefully considered the

arguments presented by the parties in light of the applicable law. Summary judgment is proper if no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56; Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). The Court concludes that Plaintiffs have raised fact issues that make summary judgment improper. For example, the Court is not persuaded that Google has carried its burden to demonstrate the absence of genuine issues of material fact relating to the "hashed query fragment," "transmitting," and "returning" limitations of the asserted claims. Having considered the parties arguments, the Court is of the opinion that the motion should be DENIED. IT IS SO ORDERED. SIGNED this 24th day of March, 2011.

__________________________________________ T. JOHN WARD UNITED STATES DISTRICT JUDGE