Anascape, Ltd v. Microsoft Corp. et al

Filing 223

MOTION for Summary Judgment -- Defendants' Joint Motion for Summary Judgment of Non-Infringement of All Asserted Claims of the '525 Patent and Partial Summary Judgment of Non-Infringement of Claims 1-11, 21, 26-29 and 31 of the '700 Patent by Nintendo of America, Inc.. (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order # 3 Certificate of Service)(Blank, James)

Anascape, Ltd v. Microsoft Corp. et al

Doc. 223 Att. 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION ANASCAPE, LTD. Plaintiff, v. MICROSOFT CORPORATION, and NINTENDO OFAMERICA INC., Defendants. § § § § § § § § § § Hon. Ron Clark Civil Action No. 9:06-CV-00158-RC

ORDER ON MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF ALL ASSERTED CLAIMS OF THE `525 PATENT AND PARTIAL SUMMARY JUDGMENT OF NON-INFRINGEMENT OF CLAIMS 1-11, 21, 26-29, AND 31 OF THE `700 PATENT

Based upon the Court's consideration of Defendants Nintendo of America Inc.'s and Microsoft Corporation's Motion for Summary Judgment of Non-Infringement of All Asserted Claims of U.S. Patent No. 6,222,525 and Partial Summary Judgment of Claims 1-11, 21, 26-29, and 31 of U.S. Patent No. 6,906,700, Plaintiff, Anascape, Ltd.'s Stipulation Regarding the Claim Term `Flexible Membrane Sheet'" dated February 11, 2008, and the briefing of all parties and all supporting submissions thereon, it is the opinion of the Court that Defendants' motion should be GRANTED. It is therefore ORDERED that Defendant Nintendo of America Inc.'s Motion for Summary Judgment of Non-Infringement of All Asserted Claims of U.S. Patent No. 6,222,525 and Partial Summary Judgment of Claims 21, 26, 27 and 31 of U.S. Patent No. 6,906,700 is hereby GRANTED; and It is further ORDERED that Defendant Microsoft's Motion for Summary Judgment of NonInfringement of All Asserted Claims of U.S. Patent No. 6,222,525 and Partial Summary Judgment of Claims 1-11, 26-29 and 31 of U.S. Patent No. 6,906,700 is hereby GRANTED.

NY\1387044.1

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